인지판결 확정 전 양육비 청구

• 영문명: The Maintenance Claim for Child Custody before Affiliation judgment became final and conclusive: Regarding the Supreme Court Decision 2023su643 on October 31st, 2023
• 발행기관: 한국가족법학회
• 저자명: 오진숙(Jinsook Oh)
• 간행물 정보: 『가족법연구』第38卷 2號, 365~388쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.07.31

국문 초록

Most natural mothers raising a child born out of wedlock bring an action against its father demanding affiliation to claim child support. After affiliation judgment became final and conclusive, the mother claims the past period maintenance for child custody. Since Affiliation shall be retrospectively effective from the time of birth of the child, the parent-child relationship and the natural father's responsibility of fostering are recognized from the time the child is born. The mother who raised the child may claim the repayment of part of the past period maintenance for child custody before affiliation judgment became final and conclusive. The Supreme Court Decision 2023su643 rendered on October 31st, 2023 decided that a mother raising a child born out of wedlock can claims the past period maintenance for child custody before affiliation judgment became final and conclusive. The Supreme Court’s decision was meaningful, but it did not judge the calculation of the claim. When calculating past period maintenance for child custody, it is necessary to consider that the expenses spent by mothers raising the child and based on future child support for the best interests of the child.

목차

Ⅰ. 머리말

Ⅱ. 인지판결의 효력

Ⅲ. 인지판결과 양육비 청구

Ⅳ. 맺음말

키워드

혼외자 인지 인지의 소급효 양육비 청구권 과거 양육비 자녀 최선의 이익 a child born out of wedlock affiliation retroactive effect of affiliation right of claim for child support the past period maintenance for child custody the best interest of child