인적결합에 있어 사실혼과 연대적 결합체의 상관관계에 관한 고찰

임영수(Yeong-Su Lim) 한국가족법학회 2010 가족법연구 Vol.24 No.3

Currently, our society is showing the tendency of recognizing various forms of human bonding according to the rapid changes in various fields. With such changes, there is a tendency of considering the current concept of de facto marriage in the past form according to the definition of the ‘traditional de facto marriage’. As a result, by considering that the de facto marriage is included in the category of marriage, we have to think about whether it is possible to accept such changes related to the concept of de facto marriage. The current concept of de facto marriage, which is used in Korea, is based on the standard of realistic marriage life with the acceptance of the principle of legal marriage with typical conditions. Such a concept has been developed, since the people who are involved in the relationship are required to notify their relationship through the official government document in order to secure clarity and legal security for the marriage relationship. If such a concept for the de facto marriage is regarded as the ‘traditional de facto marriage’, the human bonding which is regarded as the so-called chronological bonding can be sometimes defined as the ‘modern de facto marriage’ with the expansion of the current concept of de facto marriage. Furthermore, the chronological bonding can be defined as either the heterosexual bonding which provides the actual marriage life without the intention of marriage or the homosexual bonding which provides the actual body but has not been systematically protected. In particular, the form of homosexual bonding is no longer a prohibited topic. It is currently considered for protection in regard to the human right, dignity and equality. People now think more about the right to decide their own genders and adoption as well as the freedom related to marriage and divorce. As a result, the chronological bonding can be regarded as the concept which is more complicated than the current concept of de facto marriage. Until now, we have understood and recognized that the de facto marriage is correlated with the legal marriage based on the standard of legal marriage for the human bonding in our society, because we have believed that the people involved in the de facto marriage have the intention of actively accomplishing legitimacy and legality for marriage and possessing the related benefit. However, it is necessary for us to think and refine deeply about the correlation between the chronological bonding and the legal marriage, because the legal form of the chronological bonding has been classified into the marriage bonding which is largely recognized as a complete form of marriage and the non-marriage bonding. Also, according to the characteristics of the above bonding, it seems that there is a correlation with the characteristics of the legal marriage or the de facto marriage in terms of similarities. It has been argued whether the consideration of the correlation between the de facto marriage and the non-marriage bonding can be interpreted either that the non-marriage bonding which is not included in the category of legal marriage can be regarded as the human bonding in an independent form, or that it can be regarded as a form of de facto marriage due to the obstacle related to marriage. Therefore, this paper focuses on the semantic aspect of the correlation between the de facto marriage and the chronological bonding based on the legal marriage in regard to the human bonding instead of finding a clear result for the above topic.

한정승인의 심판절차와 상속채무의 배당변제에 관한 고찰

임영수(LIM, Yeong-su) 한국가족법학회 2011 가족법연구 Vol.25 No.3

The current civil law specifies one’s responsibility based on the registration and acceptance of the limited approval and the range of the related effect. Moreover, it mentions the settlement method of the inherited properties based on the acceptance of the limited approval. However, Article 1030 of the Civil Law, which specifies the registration method of the limited approval, shows problems regarding the completion of the list of inherited properties, while Article 1038 or Article 1038 of the Civil Law, which specifies the repayment method of the inherited debt, contains the danger of converting the limited acceptance into a simple kind of acceptance due to the mutual interruption of the related legal regulations. It can be said that such a state has become worsened as the family court focuses on the process of accepting the limited acceptance, while providing the person with a limited approval with the burden related to the follow-up procedure in regard to the debt-repaying process towards the inherited creditor. As a result, not only the general public but also the experts involved in the related field are now regarding the limited approval system as the one requiring a lot of effort in order for anyone to be exempted from the responsibility related to the compensation for damages. Also, the rate of using such a system seems to be very low. Therefore, this study focuses on the appropriate acceptance procedure for the limited acceptance. Also, it looks at the process related to the allotted repayment of the inherited debt, which is carried out by the person with a limited approval following the acceptance procedure, suggesting various brief methods for the improvement of a few problems.

사실혼배우자의 상속권 보장 방법에 관한 一考

임영수(Lim, Yeong-Su) 동아대학교 법학연구소 2011 東亞法學 Vol.- No.53

우리나라에서 사실혼배우자에 대한 상속권 보장 여부는 대법원 판결 이후 어느 정도 그 방향에 대한 정리가 이루어졌다고 볼 수 있다. 판례는 사실혼관계가 일방 당사자의 사망으로 종료되는 경우에 생존한 상대방에게는 상속권도 인정되지 않고, 재산분할청구권도 인정되지 않는 것은 사실혼보호라는 관점에서 문제가 있다고 볼 수 있으나, 이는 사실혼배우자를 상속인에 포함시키지 않는 우리 법제에 기인한 것으로서 입법론은 별론으로 하고, 해석론으로서는 어쩔 수 없다는 입장이다. 그러면서 대법원은 위 판례를 통해 사실혼당사자 일방이 사망한 경우 현행법으로는 생존 사실혼배우자를 전혀 보호할 수 없음을 지적하고, 그 해결방향으로 상속권의 인정 등과 같은 입법론적 해결방안을 촉구하고 있다. 그러나 이와 같은 법원의 태도는 사실혼이 생전해소 되는 경우에만 재산관계의 청산을 허용한다는 것으로써 사인해소에 따른 생존사실혼배우자의 보호에 형평성을 상실한 것이라는 지적을 받고 있다. 이에 따라 생존 사실혼배우자에 대한 형평성 있는 보호방안의 모색이 당면 과제가 되었다. 따라서 현재와 같은 법적 공백을 최소화 시킬 수 있는 방안으로는 사실혼배우자에게 상속권을 인정하는 것이 바람직하다고 본다. 그러나 생존 사실혼배우자에게 상속권을 인정하기 위해서는 상속과 관련된 이해관계인들이 상속인이라는 것을 인식할 수 있어야 한다. 이를 위해서는 어떻게 사실혼배우자라는 것을 입증하고, 어떠한 법리로서 상속권을 취득하고 행사할 수 있는지, 그리고 한계는 없는지 검토해 보아야 한다. 본고는 이와 관련한 내용을 검토하고, 그 방안에 관한 방법론을 제시하였다. It could be said that whether the inheritance of the spouses of a De Factor marriage should be protected was clarified by the ruling of the Supreme Court. The precedent determines that the if the marriage was terminated while both of the spouses were alive, the claim for a partition of the property right could be granted, while when the marriage was terminated by the decease of either spouse, the living spouse cannot be granted with the claim for a partition of the property right but only with the right for inheritance of the properties of the deceased. In this regard, the Supreme Court ruled that, when the De Facto marriage was terminated by decease of one of the spouses, the right for the partition of the property count not be granted to the living one. Further, the precedent also determined that if both of the right of inheritance of the properties of the deceased and the right for the partition of the property were not to be granted, it could be against the law’s intent of protecting the relationship based on a De Facto marriage. But, this is due to our legal system which does not include a spouse in a De Facto marriage as a successor, and there was nothing that could be done in terms of the interpretation of the law, while the perspective of law making was a separate issue. Meanwhile, the Supreme Court also pointed out that the current law provides no protection to the spouse in a De Facto marriage and called for a solution in the perspective of law making. But, such attitude of the court means that the settlement of the property ownership could only be made when the De Facto marriage was terminated while both of the spouses are alive, and it is under the criticism that such an attitude is an injustice in terms of the protection of the spouses in the De Facto marriages. Therefore, it is an imminent issue to be addressed to find a way to provide a balanced protection to such spouses.

실태분석을 통한 주택재개발 임대주택 공급가격 관련 제도 개선 방안

임영수(Lim Yeong-Su),이명훈(Lee Myeong-Hun) 한국도시행정학회 2009 도시 행정 학보 Vol.22 No.3

The purpose of this study is to seek measures to institutionally improve protection of tenants’ rights and union members’ property right. Since comprehension of current statuses such as cost related to rental house supply prices and prime costs of producing apartments parceling out to union members according to Urban and Housing Environment Maintenance Act, can be an important fundamental data in determining polices for establishment of measures for tenants. This study analyses tenants’residential ratio, receivers of rental houses supply and residential measures payments, and then the method of calculating supply prices and current situations of prime costs of producing apartment lotting out to union members. The result showed that ⓐ the supply prices of buildings for rental houses of re-development is cheaper from 11.89% to 36.34% than that of per apartment parceling out to union members. ⓑ the price of lands for rental houses is also cheaper from 11.91% to 56.87% than that of the lands offered to union members. Therefore, the authors require measures to improve the system which enables realization of the Standard Construction Cost of Rental Houses of Public Construction, or to establish rental houses from public investment institutions after municipal or provincial governors’purchasing lands for rental houses at proper prices from the union.

부동산임차권의 승계에 따른 사실혼배우자의 주거권 보호

임영수(Yeong Su Lim) 중앙법학회 2010 中央法學 Vol.12 No.4

The state of de facto marriage means that even if both spouses show their intention of getting married with each other and actually share their life together as a husband and a wife, their relationship is not recognized as the legal marriage, since they do not satisfy the typical legal conditions related to the registration of marriage. The de facto spouses inevitably need to possess real estate (housing) in order to manage their marriage. Even if it is not the only way which is available, it can be said that such possession depends on the lease of real estate as long as the social state is considered. Also, it can be said that the lease of real estate is the essential basis of survival for the management of marriage by the de facto spouses. According to the lease of real estate which is concluded in such a state, it is possible to ask for the return of the housing rental deposit which has been paid to the less or when the contract ends. Since the right to ask for the housing rental deposit has the characteristic of the property right, it is subject to inheritance when the lessee who is the party involved in the contract passes away. However, according to the current civil law, the living de facto spouse is not included in the range of heirs. Regarding such a condition, there have been many positive and negative opinions for a long time in regard to the possibility of inheritance according to the theory of interpretation, while there have been precedents against it. As a result, the destiny of the living de facto spouse is subject to the judgment of the legal heir in regard to the right of residence for the rental housing which has been possessed for the marriage with the lessee. In other words, according to the laws in Korea, the real estate lease belongs to the property right, it is possible for the heir who inherits all the related rights and duties when the lessee passes away to deprive the living de facto spouse of his or her right of residence. Fortunately, the legal system in Korea provides the basis for the inheritance of a lease by the living de facto spouse who has had the relationship of de facto marriage with the deceased de facto spouse according to the Housing Lease Protection Law. According to the law, when the lessee passes away without having any heir, the de facto spouse who has had the relationship of de facto marriage in the subject house inherits the rights and duties of the lessee. If the heir of the deceased de facto spouse does not live in the subject house, the living de facto spouse who has lived in the subject house and the close relatives including brothers and sisters can jointly inherit the rights and duties of the lessee. However, such succession of rights enables the successor of the lease to possess the bonds and debts generated by the lessee in regard to the lease. In such a case, the successor specified in the above law can show his or her intention of objection to the lessor in regard to the succession of the lease within one month, in order to give up the succession of bonds and debts. Therefore, the legal system in Korea specifies certain conditions for the living de facto spouse as an exceptional case of civil law, recognizing his or her right of residence for the house in which he or she has lived with the deceased de facto spouse through the succession of the lease. However, the regulations of the Housing Lease Protection Law are not detailed, most of them are based on the interpretation of the precedents. Also, Article 9 of the same law requires such interpretation. However, there are many different opinions in regard to the interpretation. Therefore, through the approach based on thetheory of interpretation for Article 9 of the Housing LeaseProtection Law, this paper focuses on several problems related tothe protection of the right of residence by the living de facto spouse.

인간-로봇 상호작용을 위한 사용자 발화 목표/의도 추정 방법

임영수(Yeong-Su Lim),장두수(Doo-Soo Chang),최용석(Yong-Suk Choi) 한국정보과학회 2018 한국정보과학회 학술발표논문집 Vol.2018 No.6

사실혼 보호 법리의 재검토

鄭玹秀(Jeong, Hyun-Soo),林映秀(Lim, Yeong-Su) 충북대학교 법학연구소 2009 法學硏究 Vol.20 No.2

Although de facto marriage has the figure of marriage it can’t be protected as same as registered marriage unless they are registered, thus it’s still a subject of argument in terms of its legal protection. Especially in case of withdrew of de facto marriage, what can be the issue is the matter regarding properties vested to government from party of de facto marriage. In case of contract of lifetime annulment in terms of registered marriage, it can be done through property partition, in case of contract of death because annulment, settlement will proceed through spouse’s inheritance. But there are no clear regulations on this for case of contract of annulment of de facto marriage. Yet the supreme court admit property partition claim for divorce as registered marriage in case of contract of lifetime annulment of de facto marriage, but in case of contract of death cause annulment, they don’t admit both property division claim and inheritance to the surviving de facto marriage spouse. But toward property that was made by mutual effort between de facto marriage spouses, allowing settlement only in case of contract of lifetime annulment means it’s losing its balance for protection level toward surviving de facto marriage spouse. Therefore in this essay, in viewpoint of settlement and maintaining of property that was made by participation of parties related to de facto marriage, we examined about few matters for protection of parties related to de facto marriage. First, we took a look at condition of de facto marriage and recognition got its protection in Korea for examination of its necessity, and then we stressed about the importance of protection of de facto marriage spouse. We examined it by dividing applicable protective legal principles into contract of lifetime annulment and contract of death cause annulment through distinguish necessity and typology which need protection. But instead of suggesting certain detailed plan or a new legislation regarding protection of de facto marriage, it stopped as examining it based on opinions that were discussed and simply appealing personal opinions. In order to protect de facto marriage, problem solving plan related to family law system should be sought. Especially in case of existing law consider for property division claim and dual structure of inheritance that are selected as protection plan for legal marriage spouse, it’s regarded as that the opinion of give inheritance could be more proper in terms of legislation. Hereafter, related to status of de facto marriage that are occurring variously in Korea, we wish more detailed discussion would be conducted for it’s protective plan.

계층 구조 Attention 기반 순환 신경망을 이용한 발화 의도 분류 성능 개선

오주민(Jumin Oh),조수필(Suphil Jo),임영수(Yeong-Su Lim),최용석(Yong Suk Choi) 한국정보과학회 2018 한국정보과학회 학술발표논문집 Vol.2018 No.12