改正 親生推定制度에 대한 평가

An Appraisal of the revised Civil Law on the Presumption of Paternity

According to the current civil law, a child born within 300 days after the termination of marriage is presumed to have been conceived during marriage and a child who was born during the marriage is presumed to be the “child of the husband”. Once presumption of paternity is established, the presumption can only be overturned through the action of denial of paternity , which has strict requirements. About this, Constitutional Court decided that the presumption of paternity for a child born within 300 days after the termination of the marital relationship was unconstitutional because the mother s moral rights are infringed. Accordingly, the amendment of the Civil Law which can be said that it is a positive change according to the change of society contains method that children born within 300 days of the termination of the marital relationship could be recognized as not a child through The permission of denial of paternity’ or ‘permission of affiliation instead of action of denial of paternity in order that real family relationships can be implemented. However, revised regulations can not take into consideration the existing discussion and the harmonious harmony with the current law system in detail. In this study, some problems in the paternity relationship and the phenomenon of the discussion about the assumption of paternity will be examined mainly on the theories and precedents in our country and Japan. In particular, future issues for assumption of paternity will be dealt with through a review of the characteristics of the revised presumption of paternity based on the precedent of the Constitutional Court about presumption of paternity and existing jurisprudence, and evaluation.