고령화 사회에서 부모부양 문제의 법적 해결방안 연구 - 효도법을 중심으로 -

Abstract

Currently, legislative efforts are being made to directly or indirectly force filial duties based on law as propositions related to filial duties are constantly being suggested aiming to legally compel filial duties to a certain extent, the basic principle of our nation, Korea. In particular, for special rules related to a so-called "Filial Piety Law", 「Act on Supporting and Promoting Filial Behavior」is in force, and for certain support and filial duties, 「Civil Law」defines relevant duties. Examples of legislation of other countries, the examples can be classified into two categories: legislating filial laws as special rules (China, Singapore, USA, and India), or as a part of Family Law within Civil Law (Ukraine and Vietnam). In addition, filial laws either have provisions directly imposing legal sanctions on violations (including Singapore and India) or not. It is recommended for Korea's 「Act on Supporting and Promoting Filial Behavior」to be compulsory. And for specific legal provisions, they need better ments such as clarifying the defining provisions and optimizing the regulations for establishing basic plans for promoting filial behaviors. Moreover, in relation to the legislative contents, close examination of whether the national consensus on legally compelling filial problems exists, of social costs, and of the level of governance by law. In terms of Civil Law and the theory of legislation, it is required to allow clearance whenever the duties were already fulfilled when the person has a support duty toward his donor, because under Article 556 of Korea Civil Law, a done who is under the duties to support, yet has not fulfilled his support duties toward a donor will become default on his obligations. Additionally, the alternative should also be examined using trust system as implemented in Common Law to support by trusts.