가족의 변화에 대응하기 위한 민법상 부양제도의 정비 방향 및 과제

Abstract

Family structures in modern Korean society are changing, in that individualization and diversification of family structures and flexibility in family formation are increasing. As a result, expectations for families and perceptions of family support obligations are also changing. In this situation, it is necessary to review whether the support systems set forth in the Civil Act can still function with changing family structures, and if there are incongruities between the support systems and the realities of family support needs. Therefore, this paper aims to examine varying family structures and the changing perception of family support obligations, and to investigate related issues in the present family support systems to identify ways to improve upon them. This paper is organized as follows: Chapter Ⅰ presents the research background, in that statistically reviews changes in family structures and perceptions of family support obligations. Chapter Ⅱ examines the current state of support systems prescribed in the Civil Act. Chapter Ⅲ investigates the current issues in family support systems and their implications in relation to changing family structures via the anaysis of precedents and cases. Chapter Ⅳ seeks ways to enhance Korea’s family support systems, proposing relavant improvement programs based on the presented research results. The proposed improvement programs are as follows: First, the private support system should be restructured based on the relationship in which the parties choose to support each other, and this should include not only the legal marriage relationship but also the alternative relationship. Second, it is necessary to clarify the legal basis for the parental support obligation for minors, and to establish rules on how to support minors and the support obligations when parental rights and child rearing are separated. Third, it is proposed to reduce the current wide range of support obligation between relatives to the relation of parents and their children addressing changes in family structures. In addition, it is proposed to establish an exception rule that allows support obligation to be judged by considering the mutual relationship by reflecting the change in family structures and perceptions of the family. Lastly, the strengthening of the public support system and the restructuring of the private support system should be coordinated.