부양적 기여분에 관한 적극적 해석

Affirmative Interpretation of Care-Contributory

There were people who had a negative opinion on Care-Contributory portion. They criticized that the standard of Care-Contributory portion is ambiguous. Some of them also condemned that Korean Care-Contributory portion is too similar to Japanese one. And it is said that there is a trilemma among Contributory portion, legal reserve of inheritance and testamentary gifts. However, I think that it is not a trilemma but just a irony. And we should pay attention to the differences rather than similar points. The Korean Care-Contributory portion is more important than Contributory portion of property. Family Court should interpret Care-Contributory portion affirmatively. It would be solve the problem of the irony. The genius economist, Nacy Folrbre said, “… cut costs leads to reductions in the quality of care … In the world of care, the most important paybacks are the ones most difficult to measure.” at her book, ‘The Inviable Heart’. Korean Family Law already has the method of measuring the quality of care. Care-Contributory portion can provide new pay-back standard of emotional-care labor.