호주제도(戶主制度) 존치론(存置論)의 허구 - 전통성과 도덕성에 관한 비판 -

곽동헌 한국사법행정학회 1981 사법행정 Vol.22 No.12

우리나라 『가』제도에 관한 비교법적 고찰 : 한일·민법을 중심으로

곽동헌 安東敎育大學 1972 論文集 Vol.5 No.1

The present civil law of Korea, adopted in 1960, has been partly influenced by the Japanese system, which in turn is based on the European civil law system. Korean civil law, therefore, is composed of various elements. Korean law of family relations and succession, however, has retained certain elements which are peculiar to Korea. In general, it has been said that Korean family law harmonized the Korean national tradition of ancient times and the new spirit of democratic constitutional law. This paper is concerned with how this harmony is shown from the standpoint of actual law. The dignity of human personality and thought of equal rights for both sexes, so called democratic spirit, is found not to be represented in law because Korean national traditions are based on a feudal family system. Furthermore, the paper investigates this family system in law, as compared with the Old (meiji civil law) and New (present civil law) civil law of Japan. The fallowing points are elaborated on; 1. The conception of family in the law. 2. The extent of family relations. 3. The system of the head of the family. 4. The family name. 5. The family tree. 6. The event of a householder's succession and its ranking. 7. The retirement system in the law. 8. The ranking of an inheritance succession. 9. The amount of an inheritance succession. 10. The support of family members according to the law. 11. Legally reserved inheritance, adoption system and others. Then the direction is shown in which Korean family (domestic) law has advanced thus far. Historically the Old and New civil law of Japan were enacted at a considerably earlier date than that of Korea, but in regard to the content of those laws, Korean family law occupies a position between the Old and New family law of Japan. And the paper points out that Korean present family law has gradually lost its effectiveness in Korean society. In conclusion, it is hoped that the necessary revision of the law will be effected as soon as possible.

産業社會의 發展과 家族法規에 關한 考察

곽동헌 安東大學安東文化硏究所 1989 安東文化叢書 Vol.1 No.-

사회 구성원의 가장 효율적인 활용을 최고 합리적 경영으로 하는 산업사회는 점점 가족 유대의 범위를 감소시켜 소위 핵가족의 고립화를 초래함과 동시에 이웃간의 유유대성도 약화시키고 있다. 그러므로 이러한 상황에서 계속 부부 가족이 산업사회의 이상형처럼 추구해 나간다면 미래에 대한 전망은 극히 어두우리라 예견된다. 부부 가족에 대신해서 또 산업사회에 대신해서 어떤 새로운 가족상, 사회상을 출현시키지 않으면 안될 계기에 놓여 있다고 본다.

What Motivates Potential Donors to Evaluate IS Success of Charity Websites?

곽동헌,이새롬,김정윤,Ramamurthy, K. 한국경영정보학회 2019 한국경영정보학회 학술대회논문집 Vol.2019 No.5

近代的 家族法의 性格 考察 : 家族法 改正運動에 즈음하여

곽동헌 安東敎育大學 1975 論文集 Vol.8 No.1

In this paper, a general survey on the nature of modern family law is made in order to provide a directional impetus for the amendment of our family law which is now in its full cry. Chapter 1: The necessity for the revision of current law is emphasized. Present law is too outdated to keep pace with current society. A law, in general, should lead a society with precursory function in itself, but present law has lost its original function in the ever-changing society. Hence, a revision of the law is inevitable, so that well-balanced development of society is to be accomplished. chapter 2; An overview on the relationship of family system to family law is attempted. Family system is the object of recognition for the law-maker, and family law is the result of legal recognition of value on family system. It is desirable for a law to come into ideal being as a practical system, since an institution is a reality. Chapter 3 : All men are free, equal and independent in the eye of modern law. This is an ideal expected in the practice of modern law. This ideal can be realized in the form of forced institution, that is, civil law or family law in our daily life. So our family law should be revised to remould a pattern of life that can be adjusted to the ideal of modern law. Chapter 4 : The nature of modern society and the definition of bourgeois are dealt with. A capitalistic society does not always take on the characteristic of modern society, it should keep on trying to attain the idealistic goal of modern society. Chapter 5 ; The nature of modern bougeois family system is studied, and its structure and function are also considered. Chapter 6 ; A nuclear family system is generally adopted in the capitalistic society, but a nuclear family system affected by feudalistic influence must be ,avoided. Chapter 7 ; With trend of modern law in mind, current family law is criticized with a view to pointing out its defects.

가족제도민주화론의 일고찰 : 신민법상의 문제점을 중심으로

곽동헌 安東敎育大學 1971 論文集 Vol.4 No.1

Although democracy has to start out of home life, although about twenty years has passed since democracy was established in Korea, democratic thought has not yet been satisfactorily enforced, One of the causes of these can be considered to be the existance of feudalistic elements in the present law, because of the peculiar traditions among the people. Dignity of man and the idea of equal rights for both sexes is difficult to realize. In the present paper, several anti-democratic elements in the present civil law are pointed out, and their unreasonable naturals are discussed in detail. Particularly, fecedality, in a family unit that is governed by a bead of a family and that does not recognize individual existence, is considered to be contrary to constitutional spirit. Consequently, it is now proposed that the family system has to be abolished. Problems about head of family, marrige divorce, parental authority and succession after the abolition have also been treated. It has been pointed out that our civil law is contrary to constitutional spirit because the law has been made from the past customs and traditions. Accordingly, it is claimed that the civil law has to be amended as soon as possible, and it is considered that the fundamental principles of democracy has to be superior to the characteristic custom and tradition of a race, because for first of all, the establishment of a democratic society, the realation between the individual and society is necessary rather than that in a family.

家族法上에 나타난 儒敎的 傳統性에 關한 考察

곽동헌 安東大學安東文化硏究所 1989 安東文化叢書 Vol.1 No.-

갑자기 들이닥치는 외래문화를 아무런 비판 없이 받아 들이는 것은 바로 주체성 없는 민족이요, 불원간 그러한 문화가 민족간에 어딘가 맞지 않음을 발견하게 되고, 따라서 알맞게 수정해서 발전시켜 나간다. 또 한편 자기나라 고유의 문화라 할지라도 장구한 세월을 무비판적으로 향유한다는 것도 급변하는 현대사회에서는 그 적응성을 잃게 되기 쉽고 침체되기 마련이다.

家族法에 關한 價値觀의 實態調査 : 安東地域을 中心으로

곽동헌 安東大學安東文化硏究所 1989 安東文化叢書 Vol.1 No.-

작금 가족법 개정에 관한 찬·반 양론이 경향각지를 막론하고 활발히 일어나고 있다. 이론적인 면에서도 또한 실태적인 면에서도 갑론을박으로 한창인 듯 하다. 생각컨데 전통적인 가족원리에서 근대적인 가족원리로 옮아가는 우리 사회에서 가족에 대한 규범 의식면과 행동면이 반드시 일치한다고는 볼 수 없다. 의식은 비교적 근대화되었어도 행동은 아직 봉건적 전통성을 탈피치 못한 실례가 허다하리라. 그러나 의식 내지 가치관은 일반적으로는 행동면을 주장하기 때문에 우리는 항시 가치관의 실태를 중시하게 되는 것이다.

·일본 아동법에 관한 최근의 제문제 F. Tokotani

곽동헌 한국가족법학회 1997 가족법연구 Vol.11 No.-

부동산등기에 관한 고찰

곽동헌 安東敎育大學 1969 論文集 Vol.2 No.1

Almost ten years have passed since the New Civil Law (present civil law) became effective. Hereby I want to elucidate my opinion on registration systems of property rights pointing out some contradictory facts that have been found in its application. 1. First of all, I tried to give a brief explanation on the definition and the kinds of registration. 2. The registration systems that are recognized by the means of public notice have brought about many troubles on property rights of real estate in reality, that is: Current property right law should coincide with the system that pursuits the two ideals of the strengthening of appropriate property rights and the extension of real rights granted by way of security. So it is required to put certain limitation on registration while registration is required to be extended further more. 3. In order to grasp the accurate meaning of registration system of Korea I looked over the registrative systems of foreign countries such as France, Germany, Switzerland, England, and the U.S.A. 4. Then I tried to express my opinion on the main subject of this thesis that is Korean registration system: a) Is registration regarded as a requisite in the transfer of property rights in our civil law? I regarded registration as an effective requisite. They say that formalism was adopted in New Civil Law while intentionalism in Old Civil Law (former civil law). But in strict sense, many differences are easily found between the registration system of Germany that had adopted Formalism first and that of Korea So I would like to call our registration as "Korean Formalism". b) I looked over the occasions when registration is not necessary at the time of transfer of property rights. c) I cast my glance over whether registration and the actual relationships that ensued from the transfer of property rights do always agree with each other. d) With the accelerated development of capitalistic economy, the more frequent business transaction of real estate became, the more frequent the fraud appeared under the pretense of transfer of real estate. I strongly insisted that public reliability should be recognized in our registration system as in German registration system. I also mentioned of the necessity of substantial inspection on the officials who are engaged in registration affairs and the necessity of lowering down of registration tax.