자녀의 성·본 결정과 모의 성으로의 변경기준 - 대법원 2022. 3. 31. 자 2021스3 결정을 중심으로

• 영문명: The determination and change of a child’s surname : Comments on the Supreme Court decision 2021Se3
• 발행기관: 한국가족법학회
• 저자명: 김현진(Hyunjin KIM)
• 간행물 정보: 『가족법연구』第38卷 3號, 477~522쪽, 전체 46쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.11.30

국문 초록

The determination and change of surnames is of great interest throughout the world. Traditional notions of the family are changing and the desire to achieve gender equality has led countries to face different challenges. The rise of professional women and later marriage in the West, where it was common for wives to take their husbands’ surnames after marriage, raise fundamental questions about the nature of the married name or the unified family name. In Korea, on the other hand, there is no question of changing surnames after marriage or divorce, but the question is whether the child’s surname should be paternal, maternal or a combination, and in what order. And it’s problematic that the child's surname is determined at the time of marriage, and once a child’s surname has been determined, it could be changed only after divorce or remarriage. Given the strict standard applied in the 2021Se3 decision for permission to change to the mother’s surname, a more proactive and flexible approach by the courts is needed to change to the mother’s surname, unless the right to change the surname is abused. As we have seen in our comparative legal perspective, the decision to give a child a paternal or maternal surname reflects the values and culture of a society. With the realisation of gender equality, the increase in divorce and family diversification, the acceptance of same-sex marriage, Korea will create a social atmosphere in which mothers can freely and legitimately give their children mother’s surname. Korea should also revise its Civil Code to ensure that the selection of a child’s gender from a couple’s surname can be done through a realistic and reasonable process in line with the younger generation’s sense of gender equality.

목차

[사안의 개요]

[연구]

Ⅰ. 들어가며

Ⅱ. 성의 결정 및 변경 일반

Ⅲ. 성·본 변경의 실제

Ⅳ. 나가며

키워드

성명권 성(姓)의 결정 이혼 후 성(姓)의 변경 혼인성 자의 복리 Right to a name Determination of surname Change of child’s surname after divorce Married name Best interests of the child