북한 가족법의 친족의 범위와 효과

This paper researches the effect and scope of relatives of the North Korean Family Law, and seeks the integration methods of South and North Korean family law by comparing the similarities and differences between South and North Korean family law. North Korean family law has no regulation about the definition with scope of relatives and scope of family members, therefore, it is suggested to be extended §767, §777, §779 of South Korean family law to the unified Korea. And then the regulations §10, §29, §35, §36조, §41 of North Korean family law, and the regulation §17 of North Korean Inheritance law are different from the regulations §769, §809, §974, §1000, §1003 of South Korean family law regarding the matters of effect and scope of relatives which are prohibition of consanguineous marriage, a legal guardian, duty to furnish support, and priority of inheritance. In this regard the civil act of South Korea, which is grounded on the basic free and democratic order of the constitution of republic of Korea(§4, §36), has to be a foundation of the unified family law, and it must be extended to North Korean people after Korean reunification. However, in a case of being damaged of previous vested rights, or additional responsibility of North Korean people, the transitional provisions are surely made to protect North Korean people. In addition a direct regulation on the rules of no merging family name and following one’s father’s surname of North Korean family law deserve to be accepted.