민법상 친양자제도가형법상 존속살해죄의 행위객체에 미치는 영향

The Consideration of Full Adoption in the Civil Law is a system in which the children who are adopted as volladoptions are legally separated from the family before adopted, resulting in the extinguishment of the family relationship that was formed earlier and the acquisition of same right as children that were born during marriage in the adopted households. This system was introduced to provide a stable adoption environment for adopted person and to give a harmonization and stabilization for the adoptive family, respectively. But, the introduction of such a system provides some difficulties in interpreting some articles of the Criminal Law. In the parricide crime, which is stipulated in the Criminal Law, the object of action is a lineal ascendant. In such cases, the concept prescribed by the Civil Law must be borrowed. In the general adoption system, it is acceptable that the parricide crime is established, when the adopted person kills his / her biological parents because the kinship before adoption is maintained among them. However, because the family relationship are terminated between the volladoption and a former biological parent, there is controversy as to whether it is reasonable for a murderer not to applied to parricide crime, when the volladoption kills his or her biological parents. In other words, some provisions of the Civil Act affect in interpretation of the criminal law. In this regard, this study suggests the interpretation that the biological parent must be included in action object of parricide crime. Also, this paper derives the possibility that volladoption should be applied to a parricide crime when an adoptee kills a biological parent by the following three methods: First, interpretation of the relationship between civil and criminal law; second, expanding the scope of victim's damages; and third, interpretation with natural science. The parricide crime as a kind of murder is a serious crime that eventually deprives life and makes the its recovery impossible forever. Therefore, even if the murder of a lineal ascendant extends the coverage of punishment power, it can not be said to be an abuse of the penal code. In conclusion, it should be said that the action object of parricide crime includes not only new parents who are newly established by law but also former parents who are biological parents.