조선시대 혼인법의 주혼자제도에 관한 연구 : 조선왕조실록을 중심으로

김성숙(Seong-Sook Kim) 한국가족법학회 2011 가족법연구 Vol.25 No.2

This paper studies ‘the marriage officiator system recorded in The Annals of Chosun Dynasty’. According to the marriage law in Chosun Dynasty, agreement on a marriage was not made between the partners in a marriage, but by the officiator of the marriage and the role of a marriage officiator was very critical. In accordance with the Grand Ming Code, a marriage officiator was decided in order of grandparents, parents, one’s father’s older · younger brothers and their wives, brother · sister and close relatives. Article of the annals says the rules in the law books were kept in general but there were exceptions as well. The officiator takes responsibility for the agreement on marriage and overall matters of wedding ceremony, which means it is his/her responsibility to have his/her children at the marriageable age get married, send blue and red silks to the bride’s house and participate in the actual wedding ceremony. One thing to note is this system is that the officiator should not violate the marriage regulations stated in the Grand Ming Code. That is, if a officiator ― in this case, a mother ― makes her daughter get married during the mourning period of her husband’s death or if an officiator takes someone’s daughter without an agreement and forces her to get married to his/her son or if an officiator forces his/her daughter who wants to maintain her integrity since her husband’s death to get married, the officiator was punished. This rule was extensively applied to the marriage of the royal family even though there was a special code only for them. However, there were no regulations to punish an officiator who behaved against the marriage ethics/courtesy. If an officiator ― in this case, a brother ― makes his sister get married to an old man or if an officiator ― in this case, a maternal great grandfather has his granddaughter by concubine marry an enemy general or if an officiator behaves disrespectfully, there was no official way to punish the officiator. But the Confucian values and idea of marriage of the king and the noble were seen in the cases when the officiator who didn’t follow the marriage ethics/courtesy was punished strictly.

혼인의 무효, 취소규정의 정비를 위한 검토

김성숙(Seong Sook Kim) 한국가족법학회 2004 가족법연구 Vol.18 No.2

The main purpose of this paper is to analyze the problems of Korean Family Law provisions on the invalid marriage and to propose their amendment. Their main problem seems to be the lack of express stipulation on important aspects and their incoherence. Korean Family Law provides two types of invalid marriage - void marriage and voidable marriage in different provisions. As to the void marriage, it provides only the grounds and damages, lacking the provisions on the way of to claim and the effect of void marriage. This lack causes severe confusion in important aspects of void marriage. The reasonableness of the causes of void marriage also seems to be a problem. As to the Korean Family Law provisions on the voidable marriage, they are better than those on the void marriage, in that they provide claimant and statute of limitation. But there are some problems in their system and coherence. To solve these problems, this paper suggests as follows: 1. It is necessary to amend art. 809 sec. 1 as to provide the degree of family relationship as a cause of void incest marriage, and art. 809 sec. 2 as to provide the degree of family relation as a cause of voidable incest marriage. It is also necessary to supplement art. 816-1) (action for voidable marriage) so as to expressly include the cause mentioned in art. 809 sec. 2 and to make new provision of art. 815-2) (action for void marriage) to stipulate the cause mentioned in art. 809 sec. 1. 2. It is desirable to make new provision on action for void marriage numbered art. 815-2). 3. It is reasonable to amend art. 822 and art. 823 in order to stipulate clearly that the claimant of action for voidable marriage is the party to the marriage concerned. 4. It seems to be necessary to evaluate the necessity of new provision on the causes of voidable marriage numbered art. 816-2). 5. It also is necessary to reevaluate whether the causes of voidable marriage provided in art. 810 is reasonable. 6. It is proper to amend art. 825 as to provide that art. 806 and art. 839-2 apply, mutatis mutandis, to void marriage and voidable marriage.

조선시대 정혼에 관한 연구

김성숙(Seong Sook Kim) 한국가족법학회 2006 가족법연구 Vol.20 No.3

  This article is made on the betrothal system in the period of Joseon Dynasty with particular focus placed on the articles from the Joseon Dynastic Annals.<BR>  Characteristics of the betrothal system in this period were that it was regarded as the precondition for marriage and required formative conditions of marriage letter, wedding presents and ornaments. Also, betrothal was acknowledged to have the same effect as quasi-marriage.<BR>  That is, the right age for betrothal, the prescription of Daemyeongyul that the person who became engaged to one person cannot be betrothed again or the statute of Gyeonggukdaejeon were not thoroughly observed and there were many instances in which people became betrothed again.<BR>  Also, in relations to the effect of annulment of betrothal, it was found that, in reality, the prescription of Daemyeongyul that remarriage to another person shall be annulled and the woman shall be in principle returned back to the former husband was not observed entirely.<BR>  It was because even the king found this regulation on the remarriage of women irrational and acknowledged that it forced women to return back to their former husbands. It can be regarded that the betrothal system was carried out without significant changes over time during the era of Joseon Dynasty.

古代 헤브라이社會에 있어서 婚姻의 解消

金性叔(Seong Sook Kim) 한국법사학회 1985 法史學硏究 Vol.8 No.-

재무스트레스 유발 사건이 비고령자 빈곤층의 재무스트레스에 미치는 영향

김성숙 ( Seong Sook Kim ) 한국금융소비자학회 2015 금융소비자연구 Vol.5 No.2

본 연구의 목적은 비고령자 빈곤층의 재무스트레스에 미치는 영향요인을 파악하는데 있다. 이를 위해 25세 이상 59세 이하 빈곤층 413명을 대상으로 2009년 5월에 실시한 온라인 설문조사자료를 활용하여 SPSS 통계분석을 실시하였다. 빈곤층에 대한 심층적인 분석을 위해 빈곤층을 최저생계비이하 소득수준인 절대빈곤층과 소득2분위계층으로 구분하여 재무스트레스 수준과 관련요인 분석을 시도하였다. 분석결과로 첫째, 저소득층의 재무스트레스수준은 10점 만점에 7.16점으로 재무스트레스 수준이 높은 편으로 나타났으며 절대빈곤층의 재무스트레스수준이 소득 2분위계층보다 높았다. 둘째, 요인분석결과, 재무스트레스유발 사건의 유형은 생계불능, 저축고갈,지출곤란, 신용의존, 연체, 압류 등 6개 유형이 추출되었으며 ‘지출곤란’ 사건에서 절대빈곤층의 경험정도는 소득2분위계층보다 높았다. 셋째, 중회귀분석 결과, 성별, 연령, 거주형태(전세더미,월세더미), 부채규모 변수들은 재무스트레스에 통계적으로 유의한 영향을 미치지 않았으며 빈곤층의 재무스트레스에 영향을 미치는 요인은 절대빈곤층의 경우와 소득2분위계층 간 차이를 나타냈다. 두 빈곤층 모두에 가장 큰 설명력이 큰 변수는 ‘지출곤란’사건이었다. 그 외, 절대빈곤층에서는 ‘소득대비부채상환비율 미충족’과 ‘연체’사건이 유의한 영향요인으로 나타났으며 소득2분위계층에게는 ‘생계불능’사건과 ‘신용의존’사건이 유의한 영향요인으로 나타났다. 이러한 결과는 빈곤층의 재무스트레스 극복을 위해 소비지출관리가 가장 중요하며, 절대빈곤층은 부채상환상담 및 관리가, 소득2분위계층은 생계유지’를 위한 소득획득알선 및 지출관리가 상대적으로 중요함을 시사한다. The purposes of this study was to investigate the relationship of financial stress of the non-elderly poor people with demographic variables, households debt conditions, and financial stressor events. For the purpose, the online panel survey data which was conducted in 2009 for 500 persons having annual income under 20 millions won was used to analysed statistically. According to the criteria of the minimum cost of living(2009) decided by Ministry of Health and Welfare was applied to extract the poorest group having income under the absolute poverty line from those 500 cases. The criteria of the secondary poor group were applied to extract the second income quintile class. Finally, 413 cases was selected after being adjusted by households equivalence scale. For the statistical analysis, the SPSS V.21.0 program was used. The research results were as follows. First, the level of financial stress of low-income consumers got 7.12 out of 10. The poor under absolute poverty line had more financial stress than those in the secondary deciles of income. Secondly, through the factor analysis of 38 questions, the 6 types of financial stressor events were found, i.e. savings decreasing, lack of expenditure, suffering, dependency on credit, procrastination, and distraint. Among 6 financial stressor events types, the level of lack of expenditure was the highest in both two poor groups. Thirdly, the financial stressor events and debt to income ratio were significantly affecting financial distress of the poor. Fourth, ‘lack of expenditure’ event was the most influencing factor. The other influencing factors of financial distress between the poorest group and the secondary deciles of income group were different. Through the above results, those were suggested for policy of the financial education and counseling of poor consumers. First, the evaluation of experiences of financial stressor events and household debt status like debt-income ratio should better be fulfilled before financial counseling to them. Thirdly, it should be understood how to solve the short-term deficit problems and income-expenditure management through the public financial counseling.

국민연금의 주요 목표 간 관계와 개선에 대한 고찰

김성숙 ( Seong Sook Kim ) 한국연금학회 2011 연금연구 Vol.1 No.1

국민연금은 제도 본연의 목적인 국민소득보장을 제대로 하기 위해서 가능한 한 많은 국민이 연금수급권을 획득하도록 해야 하고 급여수준의 적절성도 확보되도록 해야 한다. 그러나 소득활동을 해야 보험료를 납부할 수 있는 사회보험방식으로 운영되므로 실제로는 가입대상연령계층의 상당수가제도 적용에서 제외됨으로써 향후 연금수급권 확보가 어렵다. 두 차례의 제도개혁으로 상당히 훼손된 급여수준의 적절성은 평균 연금액을 가능한 한 높이도록 노력하는 동시에, 다층소득보장체계의 발전을 통하여 확보될 수 있도록 해야 할 것이다. 한편 급속한 고령화로 인하여 현행 제도를 향후 그대로 유지하면 후세대 부담이 상당히 커질 것으로 보이며 장기적으로 재정도 불안정해 질 것이다. 따라서 제도의 장기지속을 위해서는 세대 간 부담의 형평성과 장기 재정안정화도 필요하다. 그러나 앞에서 언급한 국민연금에 있어서 제도 적용의 보편성 및 적절한 급여수준 확보라는 목표는 뒤의 세대 간 부담의 형평성 확보 및 장기 재정안정화라는 목표와 갈등관계라고 할 수 있고 한꺼번에 달성하기는 어렵다. 따라서 이 네 가지 목표는 사회적 합의과정을 통하여 일정 수준에서 타협하고 조정할 필요가 있다. 단, 국민연금제도 존립의 목적인 최대한 많은 국민에 대한 적절한 급여지급은 달성되도록 노력해야 하는 일차적 목표이다. To achieve the income security, the major purpose of the National Pension, people should acquire as many pension rights as possible and get adequate level of benefits. However, the National Pension is a social insurance program which people can receive benefits only when they fulfill the qualifying years for the benefit previously set. Therefore, in reality, the considerable number of the age cohorts being applied to the scheme will not get the pension. Although the adequacy of benefit in National Pension has been deteriorated through two pension reforms, the continuous effort should be made in order to increase the average amount of pension. This can be also attained by the development of the multi-pillar income security system. Meanwhile, the rapid ageing will burden the future generations if the present scheme is maintained as it is, threatening its long-term financial stability. Therefore, it is necessary to improve the equity of bearing burdens between generations to sustain the scheme for a long time. However, the former two goals-the universal coverage of the National Pension and the adequate level of benefit-can make conflict with the latter two-the better equity between generations and the long-term financial stability. These four goals in the National Pension should be reconciliated and adjusted at a certain level through social consensus, to match unlimited individual desires with limited social resources.

중학생대상 사이코드라마기법 중심의 프로그램 효과

김성숙 ( Seong Sook Kim ) 한국사이코드라마.소시오드라마학회 2003 한국사이코드라마학회지 Vol.6 No.1

사이코드라마 활용 집단상담이 비행여고생의 사회적유능성, 학교적응 및 자존감에 미치는 효과

김성숙 ( Seong Sook Kim ) 한국사이코드라마.소시오드라마학회 2004 한국사이코드라마학회지 Vol.7 No.1

유증제도(遺贈制度)의 사적고찰(史的考察)

김성숙 ( Seong Sook Kim ) 아세아여성법학연구소 2004 아세아여성법학 Vol.7 No.-

This paper aims at reviewing the testamentary gift in Chosun Dynasty, through analysing written materials, such as Wangcho Silrock, Kyeongkuk Daecheon, and Daecheon Sokrock. The testamentary gift under modern law, means gift by wills and is distinguished form intestate succession. But, the testamentary gift in Chosun Dynasty was not clearly distinguished from intestate succession and was usually meant to include intestate succession. The donors were restricted to grand parents of father and mother line, and parents. The donees were close relatives including heirs. The testamentary gift was executed by way of wills, which was formal written document. As to the property succession, it was usual way to distribute the property in accordance with the standard set forth by law. For this reason, ever though the right to distribute his property freely by will was recognized, of property between heirs were seldom used.

괴화추출물에 의한 견섬유의 염색성

배정숙(Jung Sook Bae),김성숙(Seong Suk Kim) 한국염색가공학회 2000 韓國染色加工學會誌 Vol.12 No.3