｢가족관계의 등록 등에 관한 법률｣의 제문제

Problems in the Act on Family Relation Registration, Etc.

Since the legislation of the Civil Law, the family head system under the Civil Law had been criticized in many ways and finally it was pronounced to be unconstitutional by the Constitutional Court of Korea on February 4, 2005 (sentenced on February 3, 2005, 2001 Heonga 9ㆍ10, etc. decided). As a consequence, the family head system was abolished in the Civil Law amended on March 31, 2005, and with the enforcement of the Civil Law amended on the abolition of the family head system (January 1, 2008), a new identification registration law needs to be prepared in substitute for the current Family Registration Act.55) Thus, many circles examined the new identification registration system from different aspects and an alternative law was drafted and presented to the National Assembly. However, the National Assembly rejected the proposed bill, and established and promulgated the Act on Family Relation Registration, Etc. (May 17, 2007, Law No. 8435) as a new identification registration law that will replace the Family Registration Act, and the law will be enforced from January 1, 2008. Therefore, the present study briefly explained discussions on the amendment of the family register system until now. In addition, we examined problems raised concerning key contents of the Act on Family Relation Registration, Etc., which is a new identification registration law in substitute for the Family Registration Act, from the viewpoint of comparative study. In the law, we can read the intention to realize the philosophies of the constitutions such as the dignity of individuals and gender equality and the thorough protection of identification information as observed in the organization of the register by individual. Still, however, there are a number of problems that should be overlooked. What should be mentioned in summarizing this study is that, in the rapidly changing society, we need to reconsider the purposes of abolition of the family head system and the introduction of the full adoption system in the Civil Law amended. In this sense, we must establish a system that gives discreet and thorough consideration so that sensitive personal information such as details on fully adopted children would not be disclosed outside. What is more, the Act on Family Relation Registration, Etc. should be a genuine identification registration law faithful to the meaning of identification registration by individual.