가족 변화에 따른가족 생활의 보장 법제에 관한 고찰

Abstract

Family-related laws based on traditional family concepts established by marriage and blood ties are playing a role in alienating new forms of living community relations from the legal system at a time when family types are diversifying and various types of living communities similar to families are increasing. Under the recognition of this problem, the concept of family and the content of family life guaranteed by the Constitution are mainly due to marriage and blood ties, but in this regard, it is possible to legally accept various types of living communities. Accordingly, in order to examine the need for family-related legislation in response to family changes, we would like to analyze the current family-related legislation, focusing on family-related regulations in the Civil Act, the Framework Act on Healthy Families, and social security legislation. Although the civil law’s provisions on the scope of family are applied to judicial family relations, they are used in various social security laws, and the Framework Act on Healthy Families also hinders legal acceptance of various types of families by stipulating family formation by marriage, blood ties, and adoption. On the other hand, due to the family’s support function, the role and function of the family have been emphasized in social security legislation, and accordingly, there are many family-centered regulations in laws such as income security and health security. Many family regulations based on Civil Act are used to recognize the right to receive survivor’s pension or health insurance dependents only to so-called legal families, or individual family-centered household regulations are established in the basic living security system such as livelihood benefits. In addition, it was pointed out that the medical legislation or funeral Act only recognizes certain rights or qualifications to legal families, so people in community relations such as support and care are alienated from the systems. The improvement of family-related legislation in response to the changing family reality should be reviewed, and in particular, various regulations in social security legislation need to be actively reviewed to guarantee basic rights to social security. Finally, by examining the main contents of the recently proposed Living Partnership Act, it was suggested that issues such as its meaning, relationship with existing marriages and family systems, and infringement of existing family rights need to be carefully reviewed.