부모 중 한쪽만 같이하는 형제자매의 상속법적 지위의 제 문제

• 영문명: Legal Issues Regarding the Inheritance Law Status of Half-Blood Siblings
• 발행기관: 한국가족법학회
• 저자명: 김현솔(Hyunsol Kim)
• 간행물 정보: 『가족법연구』第39卷 2號, 265~294쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.07.31

국문 초록

Under the Korean Civil Act, siblings of a decedent are designated as third-priority statutory heirs. Since the 1990 amendment to the Civil Act, all siblings — whether of full or half blood — have been equally recognized as heirs. However, as family structures diversify, particularly with the increasing prevalence of remarried families, the uniform recognition of half-blood siblings as heirs irrespective of familial closeness raises legal and policy concerns. This calls for a reexamination of the theoretical foundation of sibling succession and a critical assessment of the legitimacy of the current legal position on the inheritance rights of half-blood siblings. This article aims to identify the normative basis for succession by siblings through a review of existing domestic theories and a comparative legal analysis of foreign jurisdictions’ treatment of full- and half-blood siblings. It argues that, among the competing theories, the presumed intent (Will Theory) of the decedent provides the most appropriate justification for sibling succession. While equal treatment of full- and half-blood siblings should remain the default principle, this article contends that in certain exceptional circumstances — where the presumed intent of the decedent cannot reasonably be inferred in favor of a half-blood sibling — such succession rights should be limited. To that end, the paper examines specific legal issues related to the inheritance rights of half-blood siblings, including the designation as statutory heirs, share in inheritance, division of inherited property, right to reclaim inheritance, and the application of the newly introduced disqualification-for-inheritance ruling. Lastly, the study evaluates possible mechanisms for limiting such rights—whether by statute, expression of will, or judicial determination—and proposes a legislative reform that would amend Article 1000 (1) 3 of the Civil Act to introduce a proviso and related presumptive provisions.

목차

Ⅰ. 서 론

Ⅱ. 형제자매 상속의 근거

Ⅲ. 반혈 형제자매의 상속법적 지위에 관한 제 문제

Ⅳ. 입법론적 제안

Ⅴ. 결 론

참고문헌

키워드

반혈 형제자매 가족공동생활 형제자매 상속 의사설 법정상속인 half-blood siblings shared familial life sibling succession will theory statutory heir