戶主制 폐지․近親婚禁止․親養子 制度 新設 등 - 2005년 개정가족법 개관 -

Outline of 2005 Amended Family Law

1. In March of 2003, the family head system which was one of two supports for family laws out of civil laws was abolished and the system to prohibit the marriage among the blood relatives in the same family lineage was also abolished. In the amendment, the existing adopted child system is being kept, while the real adopted child system is newly established where a child s family name and origin is changed into an adoptive father s family name and origin and the status of adoptive parents real child becomes effective. 2. Following the abolishment of the family head system, the system where a wife enters in a husband s family register, the marriage system where a husband enters in a wife s family register and the system where a child enters in a father s family register, all comes to an end. Accordingly, a new personal report(entry) system has appeared with a new face. 3. Besides, the key points in the amended civil law to be amended, abolished or established, are; (1) made a provision to improve the scope of family from the center of the family head into that of husband and wife, (2) a child s family name and origin follows the father s family name and origin, but when agreed in the couple s marriage, they may follow the mother s ones, or may change family name and origin for the child s welfare under the permission of the court, (3) abolished the system to bar a woman s remarriage for 6 months, (4) established the eligibility of the party in the lawsuit to negate the real child and exclusion period, (5) adopted the child s wellbeing priority principle for the standard of the execution of parental authority. (6) And improved the supporting contribution system where they give more inheritance as much to the descendant who specially contributed to the support for the deceased, (7) supplemented and legislated the special limit approval system to add a special limit approval to confine the deceased s liability to pay back the debts to his/her positive property in case one comes to know the fact the deceased s liabilities exceed the assets 3 months after the execution of the inheritance. 4. In this thesis, we have stated the main content and background of the amended family law as above.