家族法改正의 最近動向과 課題

Recent Trends and Recommendations on Reformation of the Family Law

Since the legislation of the Civil Law, the "head of a family" system in the Law had been criticized in several aspects, and finally it was promulgated to be unconstitutional by the Constitutional Court of Korea on February 2005. And the Civil Law (the Chapter of Kinship and Succession) including the abolition of the "head of a family" system was revised shortly after, with the exception of some part, and implemented in March 31, 2005. The abolition of "the head of a family" system, which was the core subject of the Family Law, is considered a revolution that brings a huge influence on the Korean family system. In particular, the Revised Family Law of 2005 is significant in the context of the improvement of the family system to realize the human rights and gender equality in marriage life, abolishing the unreasonable systems such as the prohibition of marriage between the parties with same family name and origin, and the head of a family system. And the Revised Family Law of 2007 also pursues the realization of the gender equality and the well being of the children as follows; the adjustment of mismatch between the age of engagement and marriage, the enforcement of the cooling-period system in divorce, and the requirement of the consent of the fostering conditions between parents. Therefore, this paper examines the several points of the Revised Korean Family Law. In the Chapter Ⅱ, the family head system recently abolished, the definition of the family relating the abolishment, and the Children's family name and origin is examined. In the Chapter Ⅲ, the outline of the contents on the Revision is introduced and reviewed relating the prohibition of marriage between the parties with same family name and origin, the procedure of the divorce which requires the consent between parents, and the matrimonial property system etc. In the Chapter Ⅳ, the Revised Provisions relating the parentage law are examined. The two revisions of the Civil Law (the Family Law) in 2005 and 2007 influenced so much on the Korean Family Law, and this article will show the desirable model of the Family Law meeting with the demands of the society.