가족관계등록법에 관한 검토

Abstract

The Civil Law partial Amendment in 2005, of which the main goal is to improve children's welfare and to settle down the bi-sexual equality family system, introduced an accomplishment of bi-sexual equality in family, a reasonable reduction of prohibition range of marriage, a possibility of changing the family name for children's welfare, a national function reinforcement on the matter of bringing-up the children and custody after a divorce, an recognition of custody denial right on the Mother, and a full-adoption system. Those are on the base of world-widely common and general human-right mind and a general value which is granted in human society, unexceptionally carried out as a common tendency among many countries in the world. Especially the Civil Law Amendment in 2005, repealed `the Head of Family System' from Jan. 1. 2008, and established a new family concept and range, and also ordered a birth of new official identification records which enable to prove and announce publicly the identification relation reasonably without an assumption of `the Head of Family and Family'. Therefore, the government proclaimed `the Family Relation Registration Act' as a substitutional law of `the Family Register Act', in May 2007 to intercept an important blank of official records which prove and announce publicly the identification relation previously and to prevent the confusion caused, and has carried it out since Jan. 1. 2008. In the mean time, `the Family Relation Registration Act' which is not on the assumption of `the Head of Family and Family', the purpose of which is a management of registration and attestation of family relation occurrence and change such as a birth, a marriage, and a death of people, would be expected to bring a both-material and immaterial- social value like a constitutional idea accomplishment of a personal dignity and bi-sexual equality, an apparent protection and enforcement of personal identification information, a soundness of local finance, an efficiency of registration affair, a legal security, a convenience promotion of people. They are all possible through the national business of family relation registration affair, a formation of individual family relation registration records and a management by an organization of computerized information management, an issuing various kinds of certificates according to the use and clearness of issuing application standard, a preparation of concrete procedure after `the Civil Law Amendment', an improvement of some imperfections in current `the Family Register Act', a notification of nationality change, and an enforcement of penalty on the person who abuses family relation information . However, the problems which could be anticipated while `the Family Relation Registration Act' is carried out, which are like a discreet management of delicate personal information such as trans-gender, an usage, application, and watching of registration computerized information materials for a personal life protection, a minimizing social expense caused when issuing various kinds of certificates according to the use, a confusion of succession and change of liability caused when the sexuality can be changed relatively easily, an interception of paternal blood and indiscreet recognition of both parental blood, and a prior interception of 'the marriage an immediate relative' which could be happened during registering a full-adoption, should be discussed more closely and deeply. After all, `the Family Relation Registration Act' and the problems caused while carrying it out, should be understood in view of a spread of world-widely common and general human right mind and an existence of human right concept, and should be discussed on the premise that we should accept and reflect the value which is generally aimed and recognized in human society to a certain standard.