분단과 남.북한 친족법의 변화

• 영문명: Division of South and North Korea and Changes in Family Law
• 발행기관: 한국가족법학회
• 저자명: 문홍안(Moon, Heung-Ahn)
• 간행물 정보: 『가족법연구』家族法硏究 第29卷 3號, 121~162쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.11.30

영문 초록

This paper examines how the family law has been settled and developed since the emancipation from Japanese colonial era throughout the time where South and North Korea maintain as divided. The study flows from introduction of the topic in Part I to actions taken by South and North Korea against division of Korea peninsula in Part II. Then it further investigates main issues and changes in background through the history in Part III until it reaches to a conclusion in Part IV. Family law in South Korea that played a main role to stabilize patriarchal family system in the capitalistic society since the emancipation of Japanese colonial era is currently operated to support the realization of gender equality that is centered on husband and wife by abolishing the patriarchal family system. On the other hand, North Korean law concerning the family issues, where this paper lays special emphasis, has been managed as a special law for the past 70 years since the liberation as it severed from the capitalism while embracing the socialist system. As a result, most of its legal structure and contents from the past have been succeeded as is into North Korea’s modern family law in 1990’s. Socialist political·economic systems that North Korea accepted support nationalization of production methods which in turn requires abolition of private property system. This turned out to lead the collapse of feudal patriarchal family system by directly impacting the family system that stands on the basis of land. Although it is undeniable that of feudal patriarchal family system positive impact on strengthening female rights, each individual including female is just an expendable for socialist revolution led by the political party and leader in North Korea despite of all the efforts to cut off the vicious circle of customs from the feudal age through the legal enforcement such as “Act on Equality in Gender”. Even the regulation of family law for child benefit promotion is also in fact a way of training foster for communist revolution. One of the purposes of the communist revolution is to dissolve the individual’s family. This ironically has accomplished consolidation of family in North Korea as the measures of revolution resulted in gathering of smaller groups for the revolution. The paper explores in depth to study the reasons and seek solution for ongoing issues caused by the remarriage of North Korean refugees as well. If the integration of family law in North Korea is discussed henceforth under the circumstance where it can’t avoid accepting capitalism, the removal of socialistic views and vestiges of self-reliance ideology should be preceded, focusing on the practical functions of the newly integrated family system. There will be a limit for North Korean people to adapt to South Korean system by merely enforcing the letter of the law while leaving what they have been accustomed over the past 70 years behind. This needless to say puts significant importance to broaden the ability to understand theoretical background of North Korean family law and legal terms to increase efficiency toward the actual integration of South and North Korea.

목차

Ⅰ. 머리말

Ⅱ. 분단과 남.북한의 대응

Ⅲ. 주요 쟁점의 배경과 변화

Ⅳ. 결 론

키워드

친족법 가부장제적 가족제도 “남녀평등권에 대한 법령” 북한이탈주민들의 재혼 가족법의 통합 가족법제 북한법제 북한가족법 가족법 통합의 방향 가족법제의 동질성과 이질성 Family Law patriarchal family system “Act on Equality in Gender” remarriage of North Korean refugees integration of family law Family law system North Korea Legislation North Korea Family Law Direction of Integrated Family Law Homogeneity and heterogeneity of family legislation