배우자 상속의 강화방안

A Study on Enhancing the Inheritance Rights of the Spouse

According to the amendment of the Civil Act, the Inheritance Law of the spouse has changed. Although not reflected in the current Civil Act, three amendments of the Civil Act were submitted to the National Assembly in 2005 and 2006. In 2014, the amendment of Inheritance Law was discussed at the special subcommittee of the Ministry of Justice. These amendments seemed to reflect the idea of gender equality in the Civil Act, and they aimed to improve the inheritance rights of the surviving spouse. There has been a consensus to strengthen the inheritance right of the spouse, and there have been various discussions about this topic. As a simple way to strengthen the legal status of the spouse, it can be considered to increase a share of inheritance of the spouse. To determine whether the gift can be considered as a special benefit and a prior inheritance portion, the Supreme Court considers the assets, income, and the standards of living of the both parties. Also, the method of evaluating the contributory portion is changing. The Courts seem to consider the livelihood of the surviving spouse in determining the contributory portion of the spouse. When one spouse dies, the important thing in the Inheritance Law is to liquidate the property that formed during the marriage. The spouse who contributed to the formation of the property has the right to liquidate the inherited property. This study aims to propose a revision that the surviving spouse liquidates the inherited property prior to the division of the property. This revision takes into consideration not only the period of marriage, but also the age of the surviving spouse, the contribution to child-rearing and property formation. In addition, the author considered the rights of the surviving spouse of housing for a certain period of time, in order to secure a substantial residence of the spouse. It may be necessary to consider adjusting the inheritance right to maintain the living standards of the surviving spouse.