부양의 원리와 부양적 기여분의 판단 기준 ―대법원 2019. 11. 21.자 2014스44,45 전원합의체 결정에 대한 비판적 검토―

Korean Supreme Court maintains the existing understanding and interpretation of the Support system under civil law, and applies it without modification to the judgment on contributory portion of special support. However, the special support considered in contributory portion is not based on the duty to support of the support system under civil law. The judgment of contributory portion of special support is not a problem of the support system but a problem of inheritance law. Korean Supreme Court has a confusion of principles and norms. The contributory portion shall not exceed the legal reserve of inheritance. Because contributory portion of special support is a part of the legal inheritance system. However, such restrictions do not apply in cases of consultation and coordination. Specific contributory portion of special support is determined at the MiniMax point through decision- making by each party.