한국 친족상속법의 변화에 관한 사회학적 해석

A Sociological Review of Family Law Revision in Korea : From 1958 to 2007

This is a study to interpret the family law revision in Korean from a sociological point of view. Unlike a method of legal interpretation, this study tries to locate and interpret the text of law within social conditions such as demographic changes and the state’s family policy. This study identifies the characteristics of the family law revision for last half a century with four respects. Firstly, transition of family from the one as institution to the one as life-unit. For this respect, demographical changes such as birth, divorce, and remarriage rates are examined. This changes have contributed to render the size of Korean family smaller and diversified. It also pays attention to the meaning of family as a patri-lineal institution to the unit of ‘intimacy’ in modern family. Secondly, from the law of male-centrism to that of gender- equality. Family law revision movement in Korea has been one of the strongest and tenacious women’s rights movement. There are many changes to accommodate gender equality such as portion of legal inheritance between sons and daughters; scope of kin and marriage ban; property division and child custody; abolition of family-head system; revision of family name, etc. to name a few. Thirdly, from the control of individual through family to individual right to choose. Fourth, increasing state intervention to parent-children relationship, divorce and adoption. Recently, Korean state reveals its interest to support the vulnerable family members such as the children after parent’s divorce and the spouse who does not have enough property for self-support and revised the related clauses. Therefore, it is an interesting move in which family law offered more freedom to choose family matters to individual family members in some aspects and more control in other aspects at the same time. In conclusion, I proposed several points for future family law revision and research. Recognition of importance of care in property revision and inheritance, sharing the care between women and men, state and family is also discussed. Recreation of tradition and custom is another historical task for Korean family law scholar. Particularly, this article emphasizes the meaning of family law not just as the statute to regulate private persons, but also as the central law for family policy.