가족법의 개정과 입법

Abstract

Korean Civil Act has experienced, especially in the field of family law and inheritance, more than 10 serial amendments also in Naughties: many articles are deleted, revised or inserted, if proven to be needed. Even though the meaning of amendment is to reform or upgrade existing state of things, not to make a change for the worse, every now and then its consequences emerge to be undesirable. In other words, some recent amendments could not testify to his capability for work sufficiently linguistically and in the substance: for instance, newly revised articles on engagements, articles with an idiomatic construction 「That the same shall not apply where [or when]…」 and so on. The institutional change should make a profit and at the same time make the institution expansive and growing, but it is neither noticeable nor phenomenal from all angles of the amendment of law. The amendment of law rings what is true to your name. Some disappointed results of the amendments must be eliminated or revised in short time, so that the Civil Code can add attributes to its daily use and more convenient access to it not only for lawyers but for all citizens. It can be also wise and sagacious to show perseverance until the time comes, when the jurisprudence and the legal practice is to be mature enough to revise the articles.