家族生活의 變化와 家族法

The Changing of Family Life and the Family Law

The family life is influenced by the changing of society and it brings to revise the Family Law. Family Law has governed the relationship on Marriage, Parent-child, Family and Relatives. In process of various changing in the society from the agricultural age to the information age, now a days our family law governs rarely the relationship on Family except on Marriage and Parent-child. Also the scope of relatives became very narrow. Recently Family Law consists of the marital relationship with equality and Parent-child relationship. Especially the welfare of child has become one of the important principles in the Family Law which was given priority to the Parent-child relationship. The one issue in the modern Family Law was how to deal the changing of family life which has been rapidly developed. The function of Family Law is to maintain the system which was decided by the rule ofsociety. In the past the field of Family Law was under the control of the customary law which could be followed by the rule of society at it s time. Our customary law results from the Chosun dynasty. In process of industrialization, our system was confronted with the new thinking such as Donghak Sasang, The Independent, Christianity and KeunWooHoi. After the establishment of the Constitution Law, democracy was adopted in Family Law although it was not enough to realize. Now we can find that the family life itself was internationalized. Therefore the universal standard from the international point of view was asked to the field of Family Law which has been governed by own sovereign state. Human right, especially the right of child, the freedom of the person and the equality of the sexes are becoming the common standard of the international community and the common law has established in the field of Family Law with necessity of cooperation and harmonization in worldwide. International covenant on Economic, Social and Cultural Rights, Convention on the Elimination of All Forms of Discrimination against Women, Convention on the Rights of the Child and other conventions help a movement forward on amendment of national law and become the standard to solve the international family cases. These conventions had an effect on our Family Law and were strong background to realize the national law in concrete. It is inevitable that the Family Law which has the character of Gemeinschaft makes an approach to the character of Gesellschaft similar to the property law. Therefore the substance and the concept of Family Law could be evolved by the Society and Family. This shows that the family life reflects the changing of the Society and Family Law should adopt this changing positively.