여성의 종중구성원 자격

• 영문명: About admitting women as a member of the family of the same clan
• 발행기관: 한국재산법학회
• 저자명: 李德勝(Lee Deok Sung)
• 간행물 정보: 『재산법연구』財産法硏究 第26卷 第3號, 153~182쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.02.28

영문 초록

Up to now the judicial precedent showed that the families of the same clan were originally the natural group from families of the same clan or the group of same clan put together as members of manhood among decendants of the joint ancestors to protect their ancestors' graves, to perform sacrificial rites and to improve friendly relations each other, and also admitted just manhood of the joint ancestors to families' member. However it was reasonable that every descendant of joint ancestors regardless of sex or age should be the member of families of the same clan. In my opinion, it is proper that the new judicial precedent by all members' agreement admits every womanhood as well as every manhood as the member of families of the same clan. There are several proper reasons why we can't help giving womanhood the qualification as member of families of the same clan as follows : First, the thought on its community or the families of the same clan has generally changed like these : the development of Individualism, the improvement in social position of women, parents' supporting of women and the change of new family system etc. Second, in our current society the order of law has changed like these : the equality of both sexes, the identical distribution of succession. Third, the social customs like the woman's participation for sacrificial ceremony, the woman's registration for her genealogy(family tree) have changed as well. Finally in addition, there's no wonder that the woman who has no brothers have to perform sacrificial rites and keep her ancestors' graves. I still think it improper that our judicial precedent considers the member of family of same clan and the member of family meeting as the same concept, and so we have to tell the differences between both of them to solve the issues basically on the family of the same clan. In conclusion, every family of the same clan should allow every woman the qulification as a member, but each family of the same clan can decide its own regulations as a member of family meeting according to the rules of each family of the same clan.

키워드

여성의 종중 구성원 자격 관습법과 조리의 효력 종중구성원과 종회구성원의 구별 종중규약의 효력 The Unification of Tort Law The Tort Law draft of China. The tort Law draft of Japan The Reform of Korean Tort Law & Civil Law