개정민법의 동향과 발전방향 -친권법 개정을 중심으로- = Current Issues on Revised Civil Law and Rational Revision -focusing on Parental Authority-

다국어 초록 (Multilingual Abstract)

A famous actress committed suicide in October, 2008. She had been married once and had a boy and a girl, then divorced and lived with her children as a parent and guardian. Being famous, many media had reported her divorce, suicide and her ex-husband`s unfaithfulness. So many came to blame him and were concerned about his resuming children`s parental authority. Furthermore, it became well-known by media that he will resume his parental authority and gain rights to children`s inheritance by Family law. A rally was held against this and in reaction to this, parliament and government prepared a revision of law. This revised law was named after the actress by public and it has some points to discuss in that it was based on special accident and was made in rapidity. This study reviews revised Family law and the reason of revision. Though public opinion served as the reason of revision, this study discussed on if it was right public opinion that enactors noticed, even though public opinion was the reason of enact, if there were thorough study on the relations of law system and investigation through simulation and if it was easy-going to enact to punish a person or a case. This study makes a point that the main issue of the revision that bans the automatic resumption of parental authority could cause disputes like belows. Though parent authority is radically a problem of parents and children, this can propagate into relatives. This ban could cause the dodge of parental authority and custodian resulting in long-term negligence of minors without prompt claims of guardianship to minors. This causes long standing voidance of guardianship in poor debilitated children and disputes in inherited. Under theses circumstances, revised Family law cannot achieve the goal of the welfare of children. It is still early to determine what will come by this revision. Though we should keep a close eye on it.