성과 본의 변경에 따른 소속 종중의 변경 여부에 관한 소고

Abstract

So far, Korea has been enforcing principle of invariable surname embodied in its civil law, based on the patrilineal doctrine. However, Korea broadly allows change of surname and clan seat since 2008. As to the ‘clan reunion’, conventional judicial precedent defined it as a spontaneously generated clan group consisting of male members above adult age among descendents of common progenitor. However, it is changed to mean the descendents who share surname and clan seat with common progenitor, once they reach adult age, regardless their sexuality, according to the judgement of collegiate court. This paper deals with the influence on the members of clan reunion which is based on the surname and clan seat of common progenitor, in case there is a change in surname and clan seat of the children. It becomes discussible if the change of clan reunion is allowed for those whose surname and clan seat is changed. In case of clan reunion which has large fortune, from now on, its members might be increased possibly by changing their surname and clan seat to those of their mother, or according to the adoption. On the other hand, in case of change of surname and clan seat following the farther-in-law, there might be the case in which the belonging of clan reunion becomes ambiguous. So, it would be necessary to solve the problem of whether the change of belonging of clan reunion would be allowed or not, by legislation or precedent. Considering the reality in which changes of surname and clan seat happen frequently for the sake of children’s welfare, the necessity will grow to discuss on the range of membership of clan reunion.