복수(複數)의 부 그리고 모

• 영문명: Multiple Fathers and Mothers
• 발행기관: 한국가족법학회
• 저자명: 박신욱(Shin-Uk Park)
• 간행물 정보: 『가족법연구』第39卷 1號, 231~259쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.03.31

국문 초록

In order to protect the interests and intimacy of the family community, the qualifications of those who can file a lawsuit for denial of paternity (Anfechtung der Vaterschaft) should be limited. This is realized through article 1600 of the german civil code (BGB). Since the enactment of the german civil code, the father, who had parental authority, had the right to file a lawsuit for denial of paternity. With the revision in 1961, children also had this right, and with the revision in 1997, mothers also had the same right. These german provisions on denial of paternity, although not yet available in the korean civil law system, were evaluated as no longer appropriate provisions for the current changed or continuously changing situation. This is because in 2024, the german federal constitutional court (BVerfG) ruled that article 1600, paragraphs 2 and 3 of the german civil code were incompatible with article 6, paragraph 2, sentence 1 of the german basic law (GG). Germany even recognizes the determination of an individual's gender identity as a type of fundamental right, and in order to realize this, the gender self-determination act (SBGG) has been implemented since November 2024. This decision by the german federal constitutional court and the introduction of the gender self-determination act are shaking our traditional view that only accepts marriage, which is defined as a morally and socially justified union based on affection between a man and a woman for the purpose of a lifelong community. The concept of family based on article 779 of the korean civil code is also shaken. Although family law is located in the area that most strongly influences traditional and social customs, it is not difficult to see that the need for family law to change due to the emergence of new communities exists only in Germany. With these questions in mind, in this paper it is introduced the purpose and meaning of article 1600 of the german civil code and confirmed why this provision is judged to be incompatible with the german basic law. Afterwards, the process of legal revision is analyzed to derive its meaning for us.

목차

Ⅰ. 들어가며

Ⅱ. 친생부인권 행사의 주체와 요건

Ⅲ. 친생부인권을 행사할 수 없는 생부의 기본권

Ⅳ. 나가며

키워드

친생부인의 소 사회적-가족적 관계 독일민법 독일 연방헌법재판소 생물학적 부 lawsuit for denial of paternity Social-family relations German civil law German Federal Constitutional Court biological father BVerfG 09.04. 2003 - 1 BvR 1493/96 1 BvR 1724/01