생활동반자제도 입법 전 재산제에 대한 시사점

The Civil Partnership Act proposed by Assemblywoman Jang Hye-young and 14 others on May 31, 2021 (hereinafter referred to as the "Jang Hye-young Bill") aims to establish a life partnership between two adults as an alternative to the traditional marital relationship, and to regulate the rights and obligations within that relationship. This aims to create a living community that respects individual lives as an alternative to traditional marriage. France's life partnership system, the Pacte civil de solidarité (hereinafter referred to as "PACS"), adopts the separation of property regime as a principle, except for daily debts, but allows couples to choose the community of property regime for specific assets such as houses, furniture, and cars through mutual agreement. It also clearly defines inherited or gifted property as separate property, thereby supplementing the shortcomings of the statutory property regime and expecting to reduce disputes during liquidation. On the other hand, the Jang Hye-young Bill stipulates only the separation of property regime as the statutory property regime, and presumes that property acquired during the life partnership is separate property if the title is specified, and otherwise, it is presumed to be community property. The property system and liquidation of PACS, as mentioned above, suggest that the Jang Hye-young Bill can be further developed by introducing the option of community of property regime, detailed legislation on separate property, and inducing a reduction in property division disputes.