'혼인종료 후 300일 이내에 출생한 子'의 친생추정에 관한 연구

• 영문명: A Study on Presumption of Paternity for a child born within 300 days after divorce
• 발행기관: 한국가족법학회
• 저자명: 승이도(Seung Lee Do)
• 간행물 정보: 『가족법연구』家族法硏究 第29卷 1號, 265~294쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.03.31

영문 초록

There may be a point of view that it is okay even though the standard for the presumption of paternity is unreasonable, because the Civil Law provides a possibility to nullify the presumption of paternity through the denial procedure. But because the legal effect for the presumption of paternity is so strong that, as long as the presumption maintains the effects on the fundamental rights of mother, legal father, biological father, and child are too serious. Therefore, in order to lay a burden of denying paternity on parents, we should reconsider the rationality of the presuming standard, not to assume that the denial procedure could easily cure its irrationality. The standard for the presumption of paternity which is called "a child born within 300 days after divorce" was first enacted in Japanese Civil Law section 772 in 1896, and after that it was introduced to Korean Civil Law section 844 in 1958. Such regulation was reasonable then, because it was based on the situations of the 19th and early 20th centuries. But nowadays in 21th centuries when remarkable socialㆍmedicalㆍlegal changes have taken place, forcing the standard of 19th centuries without no exception has become unreasonable. So in order to offer a reasonable solution, we should bring reality into Korean Civil Law. In this situation, the case of 'Japanese Civil Law' (which solved the same problem through the guideline of Ministry of Justice) and the case of 'German Civil law' (which excluded the presumption of paternity from the legal father when a child is born after a divorce suit and the biological father acknowledge the paternity of the child) could suggest a lot of implications to the amendment plan for Korean Civil Law section 844.

목차

Ⅰ. 서설

Ⅱ. 민법상 친생추정제도의 입법연혁 및 입법배경

Ⅲ. '혼인 종료 후 300일'이란 친생추정 기준으로 인한 문제점

Ⅳ. '혼인 종료 후 300일'이란 친생추정 기준의 원칙적 합리성

Ⅴ. '혼인 종료 후 300일' 기준에 법률상 예외를 인정하지 않는 불합리성

Ⅵ. 현행 민법상 친생추정 기준의 개선 모색

Ⅶ. 결론

《참고문헌》

Abstract

키워드

친생추정 친생부인 혼인 종료 후 300일 이내 출생한 자 유전자 검사 자의 복리 민법 제844조 개정안 presumption of paternity denial of paternity a child born within 300 days after divorce genetic test the best interest of a child Korean civil law section 844 amendment plan