고령사회에서 민법상 부양에 관한 고찰

The issue of elder care resulting from the transition to an aging society is a significant challenge that modern society must address. In an aging society, the issue of caring for elderly parents remains inadequately addressed both legally and institutionally, and systematic responses are still lacking. Social structural changes have altered the traditional family-centered approach to elder care between parents and children. A decrease in the working-age population, an increase in the elderly population requiring care, and the continuous rise in the old-age dependency ratio intensify the financial burden on younger generations and lead to intergenerational conflict. Under the Civil Act, obligations of support can be divided into primary support obligations (duty to maintain livelihood), which include mutual support between spouses and the duty of parents to support their minor children, and secondary support obligations (duty of livelihood assistance), which include obligations between relatives and the duty of adult children to support their parents, and vice versa. To resolve issues related to elder care in an aging society: First, there must be a shift in perceptions about elder support. With the increase in elderly people living alone, the issue of elder care requires active intervention from the state and society. Second, in order to ensure that adult children fulfill their support obligations, it is necessary to establish a legal basis within the Civil Act or adopt a system in which the state provides support first and then seeks reimbursement. Third, among lineal ascendants and their spouses, the spouse of a lineal ascendant should not be deemed obligated to provide support solely due to their marital connection. In response to changing public perceptions, the definition of relatives living together for the purpose of support should be revised to include those within the third degree of kinship or in special circumstances. Fourth, public assistance should be strengthened to ensure the stable livelihood of the elderly and alleviate intergenerational conflict.