南·北韓 親子法의 比較硏究

• 영문명: Comparative Study on the 'Law of Parent and Children' in South and North Korea
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 권용우 김영규
• 간행물 정보: 『비교사법』비교사법 제10권 1호, 403~439쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.03.01

영문 초록

As a part of preparing for post-unification era of Korea, it has been acknowledged that preliminary works on both legal systems should be commenced ahead in order to mitigate possible legal problems caused by discrepancy of law between South and North Korea after unification. With growth of the need, we are dealing with similarities and differences of provisions of 'Parent and Children' in Civil Code which is basic relationship in organizing society. The objective of this article is to analyze context of both Codes as a basis for discussions of harmonization or convergence of law and policy in future unified legal system. It is found that both legal systems on 'Parent and Children' have lots of similarities as well as great differences. Supposing Unified Civil Code, this similarities give us a hope for possibility of well-matched outcome. But the differences prompted indication that such enactment need endless effort due to limitation itself. In the point of harmonizing, some positive features may be found to some degree in North Korea's legal context. First of all, they restricted eligibility of adopted children to infant only. Second, mother has principal right for custody of children under 3 years old. Third, respect obligation for children is expressly stipulated in the Code as one of parental obligation in addition to custody obligation. In related to Unified Family Law, the moot difficult and urgent problems are 'Succession', 'Bigamous Marriage' and accompanied 'Family Census Register' when a man crossed over the 38th Parallel to South Korea and left his spouse and children in North Korea. Conclusively 'Special Legislation' is a proper way to resolve these delicate situations. The Act is required to integrate each connected problems comprehensively toward adaptable and appropriate settlement.

목차

1. 서론

2. 북한가족법상의 친자제도

3. 남·북한 친자법의 비교

4. 결론

참고문헌

ABSTRACT