민법상 부양제도에 관한 고찰 -부양 당사자의 범위를 중심으로-

Abstract

Support, in this context, refers to aid given towards everyday life for those who cannot maintain their lives by themselves. Civil law recognizes the responsibility to support between certain relatives. In Korean society, legal disputes regarding support between family members have been very rare. However, the number of such disputes has risen in recent times. While a variety of reasons could be given, one could look at the changing structure of families as a significant cause. The structure of Korean families has changed from extended to nuclear, and values regarding familial support have changed as well. As such, in a society where the nuclear family is the norm, it is logical that the responsibility for support should extend only between parents and their children; for other relatives, the country/society should take up the responsibility via public support systems. However, the regulations must also take into consideration new types of families which are found in society today, such as a re-married family. The legal system, therefore, should be capable of granting exceptions for cases where the above principle does not quite match the reality of the family-examples might include the relationship between step family ; grandparents and grandchildren, etc. Furthermore, modern society values emotional bonds as much as blood relations; as such, familial support should be seen as mutual, rather than unidirectional. For example, if a parent neglected his/her duties to raise his/her own children, it would be unfair for that parent to unconditionally demand support from the children. Therefore, it is necessary that there are regulations to absolve the responsibility for support in cases where it may be deemed that the responsibility is unjustified.