민법상 부부공동생활비용의 부담에 관한 연구

A study on the Financial support for members of the family

&nbsp;&nbsp;Article 833 in the Civil Law provides that the expense originated from marriage is a joint-charge. And then, the civil law Article 826 impose a duty of supporting on a married couple each other. For they have something in common with each other in that supporting is finally donation or raise of the cost of a cohabitation life, it may be asked what is any relation between 833 and 826.<BR>&nbsp;&nbsp;In common view position, an apportionment duty of the living cost can be ideally distinguish this. However both is eventually same-one because the expense originated from marriage is cost needed for a married couple to keep their conjugal life and to bear this in the reality is, that is, performance of the supporting duty.<BR>&nbsp;&nbsp;The living cost is expense to manage a married couple and growing child for community life. In this case that grownup children can&quot;t get self-support ability, his living cost is able to include living cost of proper couple. For instance, school expenses for higher education is the same. Also, the cost for parents(of couple) can be include living cost in case of living together.<BR>&nbsp;&nbsp;If they are a married couple in law, living together or not, the supporting each other exist as duty. So they are substantially broken and live separately, but even so, in principle they owe a supporting duty each other as long as they keep marriage in law. When compute living cost apportionment expenses, that expenses can increase and decrease with responsibility rate about a broken marriage.<BR>&nbsp;&nbsp;when need to share living cost, a duty to share living cost arised to a married couple. And in case of a dispute of living cost, that problem hang upon mediation or judgment of a domestic relations court. Because the judgment is done for decision on dispute, apportionment of a duty is recognized at a point of origination of dispute.(that dispute originated)<BR>&nbsp;&nbsp;For cooperation of couple is equal in married living, it is right to share a past married-cost as a rule.<BR>&nbsp;&nbsp;A concrete calculation process of living cost is freely decided upon a proper amount by the court that is based on all of affair can be under consideration.<BR>&nbsp;&nbsp;because this process cut off from communication with the outside, nobody can know what kind of standard the result is based on. Therefore, it is necessary to make a more objective calculation standard for the general application.