戶籍制度의 변천과 새로운 身分登錄制度에 관한 고찰

• 영문명: A Study on the Change of the Family Registry System and the New Identity Registry System
• 발행기관: 한국가족법학회
• 저자명: 정현수(Hyun-soo Jeong)
• 간행물 정보: 『가족법연구』家族法硏究 第20卷 2號, 1~36쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.07.01

영문 초록

  The current great amendment of the family law(2005. 3) and the Constitutional Court of Korea’s judgment that the family head system is not agreed with the Constitutional Law has great historical significance, in that both of them will be impetus to a revolutionary change of the Korean family system. Now, it is urgent to amend and improve the Family Registration Act and related laws and institutions due to the abolition of the family head system under the Civil Law.
  As a result of much repetitive discussion on alternatives to the systematization of family registry preparing for the abolition of the family head system so far, it seems reasonable that the two bills put forth respectively by Supreme Court of Korea and Ministry of Justice adopt the systematization of family registry on an individual basis for the realization of the constitutional ideas of individual dignity and gender equity, and for the complete protection of identity information. However, the bill introduced by Ministry of Justice has some problems to the effect that it requires more registry items put in the prospective family registry than in the present family registry for the purpose of the increase of administrative efficiency and convenience. Though, of course, such elements cannot be ignored entirely in consideration of the law system, the problems of fundamentals and principles should be seriously considered rather than convenience when we modify systems. This is because something can have influence on social life conversely as it, on its own, has had vitality, existing constantly even though social life is changed, if it is institutionalized as a basic principle.
  Considering the properties of the systematization of family registry on an individual basis, the range of family should be minimized as far as possible. Furthermore, we should necessarily make up a maximal safeguard like the adoption of identity information protection measures that correspond to the presuppositions of information society, which can protect privacy completely. Much more research and examination are necessary in order to establish the best plan and bill that can resolve the problems centering around the present bills by considering the most neutral form in the present family relation. Thus, this study, after briefly investigating the process of the changes in the traditional Korean system of family registry, will examine conditions of discussion around the new identity registry system as a legislative task due to the abolition of the family head system, especially concentrating on the main contents of the new identity registry system put forth by Ministry of Justice.

목차

Ⅰ. 머리말
Ⅱ. 우리나라 傳統的 戶籍制度의 연혁
Ⅲ. 현행 戶籍法의 제정과 戶籍의 편제상 특징
Ⅳ. 戶主制度의 폐지와 새로운 身分登錄制度
Ⅴ. 맺는말
《참고문헌》
영어 초록

키워드

호주제도 호적제도 호적법 신분등록제도 가족제도 호적편제 개인별 편제 방식 The Family Head System The Family Registry System The Family Registration Act The Identity Registry System Family System systematization of Family Registration systematization of Family Registration on a individual basis