中國의 家族關係保護를 위한 婚姻法制에 대한 檢討

李鍾吉(Jong-Khil Lee) 한국가족법학회 2008 가족법연구 Vol.22 No.2

  Family relations is the basic unit composing social relations. Therefore to understand social changes we need to study family relations, and we have to inquire into the changes of family relations and legal system owing to the significance of ‘Family’ itself. If we pay due regard to such factors that there is the functional relations between family and society in social development, it is essential to have the legal system for family protection.<BR>  In this essay with critical mind as above, I aim to understand the system of family protection in China. The principal laws concerning family protection system is marriage law, inheritance law and general provisions of civil law. For this study I exmime these laws and additionally constitutional law, criminal law, population and family planning law, child welfare law, women rights safeguard law, old-age rights safeguard law etc. Especially in this article I pay special attention to custody and aliment.<BR>  In conclusion through the theory and practice of these laws, I make an attempt to understand the method of marriage and family relations protection in Chinese society.

2015 개정 가정과의 핵심개념 ‘발달과 관계’ - 중학교 교육과정을 중심으로 -

임정하,전미경 한국가정과교육학회 2016 한국가정과교육학회지 Vol.28 No.1

The purpose of this review was to introduce and examine ‘development’ and ‘relations’ as the core concepts of Home Economics in 2015 revised middle school curriculum in Korea. The 2009 and 2015 proclamation of the ministry of education on home economics curriculum and 26 published middle school textbooks were reviewed. The major findings were as follows. First, the components of human ‘development’ and family ‘relations’ were strongly associated with promoting four key competencies (i.e. the self-management competency, the communication competency, the aesthetic sensibility competency, the community competency) of 2015 revision. Also, four of cross-curricular learning topics (i.e. character education, multicultural education, safety and health education, human right education) in 2015 revision could be effectively discussed with human ‘development’ and family ‘relations’. Second, when teaching and learning of the core concept, human ‘development’, continuous dynamic aspects of life-span development, the connectedness of different domains of development, systematic approach of various concepts in development, specificity and empirical evidence of information and variability of developmental patterns in adolescence should be considered. Third, when teaching and learning of the core concept, family ‘relations’, family trait such as generational relations, gender relations, role relations and power relations should be taken into account. In addition, exclusively focusing on normal family ideology or image of middle-class family and lecture-centered instruction methods should be changed for students to achieve the competencies relevant to family relations. The future directions for applying core concepts, ‘development’ and ‘relations’ in classroom will be discussed. 이 연구의 목적은 중학교 기술・가정교과 ‘인간발달과 가족’ 영역의 핵심개념 ‘발달’과 ‘관계’가 2015 개정 가정과 교육과정에서 어떤 의미를 갖는지, 또 중학교 수업현장에서 어떻게 다루어야 하는지를 살펴보는 것이다. 이를 위해 2009 개정 및 2015 개정 교육과정과 13종의 중학교 기술・가정 1, 2 교과서를 분석하였다. 그 결과 첫째, 인간발달과 가족 영역은 2015 개정 교육과정의 핵심역량 중 자기관리 역량, 의사소통 역량, 심리적 감성 역량, 공동체 역량의 함양과 밀접한 관계가 있으며, ‘발달’에서는 범교과 학습주제 중 인성교육, 안전・건강교육, 인권교육을, ‘관계’에서는 안전・건강교육, 인성교육, 다문화교육을 효과적으로 다룰 수 있는 것으로 보인다. 둘째, 수업현장의 교수학습과 교재개발 시 고려할 부분은 다음과 같다. 먼저, 핵심개념 ‘발달’은 전생애적 관점에서의 지속적인 역동성, 신체, 인지, 사회정서발달의 연계성 및 주요개념들의 위계와 체계, 전달정보의 구체성, 경험적 연구결과에 근거한 과학적 정보의 활용, 청소년 발달의 다양성 측면을 충분히 고려해 다루어져야 한다. 다음으로, 핵심개념 ‘관계’는 세대관계, 성별(젠더)관계, 역할관계, 권력관계라는 가족 집단의 특징을 염두에 두면서, 지식 위주, 정상가족 이데올로기, 중산층 중심의 가족상을 중심의 설명이 되지 않도록 주의해야 한다. 이러한 결과를 바탕으로 핵심개념 ‘발달’과 ‘관계’의 추후과제에 대해서 논의하였다.

민법상의 친족 및 가족에 대한 입법론적 고찰

손현경(Sohn, Hyun kyung) 한국가족법학회 2011 가족법연구 Vol.25 No.3

This thesis is a study about the revision of family, that is, the revision of The Civil Code Article 779. By the new concept of family, the family part of The Civil Code can be changed over from the relative law to the family law. I proposed the revision of The Civil Code Article 779(boundary of family) that have a new concept of family. In the boundary of family of The Civil Code Article 779, it is a family that included in boundary of family naturally, that included in boundary of family with the wishes of persons concerned, that included in boundary of family only when they are living together. The Civil Code Article 779(boundary of family) ① spouse, lineal ascendants parents, lineal descendants children, brothers and sisters, lineal ascendants parents of spouse, spouse of lineal descendants children. it is a family that included in boundary of family naturally. ② lineal descendants children of spouse, spouse of lineal ascendants parents, lineal descendants children of spouse of lineal ascendants parents, spouse of lineal descendants children of spouse, spouse of lineal ascendants parents of spouse. it is a family that included in boundary of family with the wishes of persons concerned ③ brothers and sisters of spouse, lineal descendants children of brothers and sisters, lineal descendants children of brothers and sisters of spouse. it is a family that included in boundary of family only when they are living together. In recent years, a concept of family is changed, a form of family diversify gradually. We can’t disregard a concept of relative, but a concept of relative become weak gradually and a concept of family become a important concept gradually. And in accordance with diversification of family, it is difficult that a concept of relative which based on the principle of blood relative become a active concept in family law. Therefore, the discussion about a concept of family provide a momentum which can be changed over from the relative law to the family law.

가족의 범위

이은정(Eun-Jung Lee) 한국가족법학회 2006 가족법연구 Vol.20 No.1

  This article focuses on the Constitution, laws other than civil law, actual concept of family and so on to consider whether it is necessary to define the boundary of family in civil law, and if it is, then whether the revised boundary of family is desirable.<BR>  First of all, the boundary of family in civil law is in acordance with the constitutional principles such as ‘equality of both sexes’ and ‘dignity of individuals’. The specific boundary of family in civil law is slightly different from that of the Constitution, but since the Constitution does not state it directly, and the legislators have a wide range of freedom to legislate within the constitutional principles, this ‘boundary of family’ should not be considered to be opposing to the constitutional principles.<BR>  As for the ‘boundary of family’ in other laws, concepts and ranges are very confusing. There are two ways to overcome this conceptual confusion. One way is to remove the word ‘family’ and indicate specific boundaries for each statute related to ‘family’. The other way is to revise the parts that contradict in different laws, and suggest an unified concept. It is said that the statute in civil law is regulating the ‘boundary of family’ only as a symbolic sense to ease the impact of abolishing the householder system. However, since the legal concept of family is stipulated in statutes, the concept should be unified for legal stability. The former way may seem reasonable in a sense that it can cover the various concepts of family. Only, if there are family related statutes in many laws without specified boundaries indicated, then civil law should be able to suggest the standard.<BR>  The family system of civil law is regulated in the premise of the Constitution, so on one hand the boundary of family should be in accordance with the principles of the constitution. On the other hand, the actual concepts of family in reality should be considered as well. In this point of view, the ‘boundary of family’ in the revised civil law should be re-examined. Lineal ascendants above grandparents, and lineal descendants below grandchildren, brothers and sisters should be considered one family only when they are living together. Thus Article 779(1) is to be limited to spouse, parents and children.<BR>  According to the revised civil law, lineal ascendants above grandparents, lineal descendants below grandchildren, brothers and sisters are included in the boundary of family when they live together(Art.779(2)), but there is necessity to discuss more on determining the boundary of collateral relation by blood and of relation by marriage. This is because there is no precise reason in the revised civil law which mentions why the third degree of kinship by blood is considered ‘relatives’ and why people who form the ‘community of livelihood’ are excluded from the boundary of ‘family’. This discussion is closely related to the boundary of family in civil law, and the ‘boundary of relatives’ as well as the ‘boundary of family’ should be revised according to reality.<BR>  Also, certain statutes about ‘family’, such as that of the parties to furnish support, contradicts the boundary of family, and it is desirable to revise such statutes to suit the ‘boundary of family’ in civil law.

중년기 남성의 가족관계 향상 프로그램 개발을 위한 예비연구

박경숙(Kyung-Sook PARK),박미하(Mi-Ha BAK) 한국상담심리교육복지학회 2021 상담심리교육복지 Vol.8 No.2

본 연구의 목적은 중년기 남성의 가족관계 향상 경험과 요구를 파악하여 가족관계 향상 프로그램을 개발하는 데 필요한 기초 자료를 제공하는 것이다. 중년기 남성 15명을 대상으로 개별 및 서면 면담을 실시하여 가족관계 향상 경험과 요구에 대한 자료를 수집하고, 지속적 비교법으로 분석하였다. 분석결과, 첫째, 중년기 남성의 가족관계 향상 경험은 가족관계 향상을 위한 노력과 어려운 점으로 나타났다. 중년기 남성은 가족관계 향상을 위해 소통과 경청의 시간, 여가시간 함께 하기, 아내와 좋은 관계 유지하기의 노력을 하고 있었고, 외부적인 어려움과 내면적인 어려움을 경험하고 있었다. 둘째, 중년기 남성의 가족관계 향상 요구는 프로그램의 필요성과 요구로 나타났다. 중년기 남성은 가족 간의 유대감 강화, 소통의 기술 습득, 가족관계의 회복, 자녀의 양육에 참여하기 위해 프로그램이 필요한 것으로 나타났다. 프로그램에 대한 요구는 의사소통 기술과 표현력 증진, 아버지와 남편의 역할 중요성 교육, 자녀관계 형성 방법, 부부치료이었다. 예비연구의 결과를 기초로 중년기 남성을 위한 가족관계 향상 프로그램 개발에 대한 방향을 논의하고, 후속연구를 제안하였다. The purpose of this study is to provide basic data for development of a program for improvement of family relation by examining experience of and demand for improvement of family relation of middle-aged males. This study collected experience of improvement of family relation and analyzed through continued comparison method by carrying out individual and written interview targeting 15 middle-aged males. As a result of analysis, First, improvement of family relation experienced by middle-aged males were efforts and difficulties for improvement of family relation. Middle-aged males were making efforts to have time for communication and listening, enjoying leisure time together and maintaining good relations with wife for improvement of family relation, and experiencing both external and internal difficulties. Second, demand of middle-aged males for improvement of family relation was shown as necessity of and demand for a program. Results show that middle-aged males need a program for strengthening family tie, acquiring communication skills, restoring family relation and participating in child rearing. Demand for a program was for improvement of communication skills and expression, education of importance of the role of father and husband, how to form a relation with children, couple therapy etc. Based on the result of preliminary study, this study discussed the direction for development of family relation improvement program and suggested follow-up study for middle-aged males.

가업승계 의사결정에 영향을 미치는 요인

남상순,홍정화,차진화 한국회계정보학회 2017 회계정보연구 Vol.35 No.2

There are some purposes of this study. First, how the environmental characteristic affects the decision making in family business successions. Second, how the satisfaction in interests affects both decision making and environmental characteristics related to family business successions. In order to attaining the study purpose, It considers the theoretical background and the precedent study through literature analysis by using the questionnaires. The study objects are corporations and tax delegates interested in the family business successions in Seoul and Gyeonggi Province. Their responses are used into the study though statistical analysis. The study sums it up in a word just like below. First, in the affection of decisions in family business successions to environmental factor characteristics, the social environmental, members, inheritance tax characteristics have similar affection to decisions of family business successions. Second, it is found that the satisfaction of interests in independent variables, the three above characteristics, has significantly affected to a family business successions by looking into the mediated affects or not. This study has some limitation as shown below. First, it cannot make sure that the response of our questionnaires is the representative of tax agency and corporation which is trying to succeed the business to their family. Also, there could make the mistake of hasty generalization for that the responses do not understand exactly to complicated tax requirements. Second, What does family business inheritance decision makes cause and effect that family business inheritance was able to investigation which found differences between the object of company and Tax agency from survey. However, the investigation was not enough to found limits of causes. Third, the research show bounded of family business inheritance decision to cause and effect such as, training successor or succession to a family occupation property which include distribution of family occupation. Finally, the study try to found that what family business inheritance affect decision in relation of environmental family business by logical reason. However, the study need to provide advanced research which need to base on specific relation. 본 연구의 목적은 가업승계 의사결정에 영향을 미치는 가업승계관련 환경특성요인이 무엇인지, 이해관계인 만족도에 따라 가업승계 의사결정이 달라지는지 살펴봄으로써 가업승계를 가로막는 장애요인을 파악하여 가업승계를 활성화시킬 수 있는 방안에 대해 연구하는 것이다. 설문지 조사연구방법을 적용하였다. 세무사. 공인회계사 등 전문적인 지식을 갖춘 세무대리인과 가업승계 대상기업 근무자를 설문대상자로 하여 설문지 조사연구방법을 적용하였다. 총800부의 설문지를 배부하여 241부를 회수하여 응답내용이 부실한 8부의 설문지를 제외한 233 부를 분석에 이용하였다. 수집된 자료의 기초자료분석으로 기술통계량, 신뢰성, 타당성, 상관분석을 하였고, 가설검증을 위한 분석으로 독립변수와 종속변수의 관계는 다중회귀분석을 이용하였고, 가업승계 환경특성요인과 가업승계 의사결정 의 관계에서 이해관계인 만족도의 매개변수 역할을 검증하기위하여 매개회귀분석을 이용하였다. 본 연구의 결과는 다음과 같다. 첫째, 가업승계 관련 환경요인별 특성변수 중에서 사회환경특성(외부환경, 내부환경), 구성원특성(경영자 특성, 근로자 특성), 상속세제특성(상속요건, 사후관리요건) 모두 가업승계 의사결정에 유의한 양(+)의 영향을 미치는 것으로 나타났고, 영향력 크기는 내부환경>외부환경, 경영자 특성>근로자 특성, 사후관리요건>상속요건으로 나타났다. 둘째, 가업승계 환경특성요인과 가업승계 의사결정의 관계에서 이해관계인 만족도가 매개변수로서 유의한 영향을 미치는 것으로 나타났다.

기혼여성이 지각하는 여가 일치성과 여가참여 빈도에 따른 가족관계의 차이 분석

임진선 ( Jin Sun Lim ) 한국여가웰니스학회 2010 한국레저사이언스학회지 Vol.1 No.2

본 연구의 목적은 기혼여성들의 여가유형, 여가빈도, 여가의 일치성여부에 따라 가족관계에 어떠한 차이가 있는지를 알아보고자 하는 것이다. 서울시내의 사회복지관과 YMCA를 통해 2009년 5월부터 6월까지 편의표본추출을 이용하여 200부를 배포하여 이 중 총 154 부를 연구에 사용하였다. 본 연구에서 사용한 통계기법은 빈도분석, 독립검증 t-검정, ANOVA test 이다. 이와 같은 연구방법 및 절차를 통하여 다음과 같은 결론을 얻었다. 첫째, 기혼여성의 학력과 가족의 월수입에 따라 학력이 높고 경제적으로 높은 가족이 가족관계척도의 점수가 높게 나타났다. 둘째, 가족의 여가유형에 따른 차이는 나지 않았으며, 여가참여 빈도에서 매달 한번이상 참여하는 것이 가족관계에 긍정적으로 나타나는 것으로 나타났다. 셋째, 기혼여성이 가족이 참여하는 여가활동과 일치할 경우 가족관계의 점수가 높은 것으로 나타났다. 무엇보다 중요한 사실은 가족의 여가활동에 있어 여가유형보다 가족이 참여하는 여가활동의 빈도와 여가의 선택과정에서의 일치성에 초점을 맞춰야한다는 사실이다. 이를 위하여 여가활동의 선택과정에서 가족 간의 의사소통이 필요하다는 점이 제시되었다. The purpose of this study was to investigate the differences of family relations according to type, frequency and consensus of leisure among married women. A survey of 200 married women from social welfare center and YMCA completed questionnaires, and 154 of them were used for this study. Results were suggested as three directions. First, family with high academic career and monthly income indicated high degree in the family relation scale. Second, there was not significant in leisure type for family variables, but there was a positive relationship between family cohesion and frequency which is participated in leisure over 1 time. Third, when married women`s leisure activities are agreed with other family members, the score of family relations was indicated as high. This study found that the frequency and consensus of leisure activities with family members should be more focused rather than leisure type to build a sense of family relations. Communication among family members played an important role in choosing their leisure activities.

가족에 대한 법적ㆍ사회적 개념의 통합 필요성

김용화(Kim Yonghua) 한국가족법학회 2008 가족법연구 Vol.22 No.2

Family, which is the standard unit of human society, has maintained its tradition and solidarity around marriage and blood in these changes of human civilization. By the concept from the dictionary, a family is a group of kindred or closely related individuals and adults with responsibilities of care of children. Also, to an individual it is the first experience of a group as the very first regulator; it gives continuous effects to one’s life more than any other things and at the same time it secures the continuation of the society. Therefore, a family is social system of everything made through the family including relations by marriage, parents-children relationship, birth, motherhood, and division of labor by gender and although there are differences in the form and function it still is the one of the most generalized systems. However, as a system of society, there are variety of families which breaches over the extent of traditional definition of family due to the magnification of individualism and the concept of equality following the changes of social structure and social acceptance caused by the following reasons: upward tendency of age of marriage, increasing population of unmarried people, divorce and remarriage, decreasing number of childbirth, and the aging society. Single parent family, remarried family, Same-Sex family, multicultural family, cohabitation and/or ba helor household, teen household, grandparents and grandchildren household and boarding houses are what called as the ‘alternative family’. Generally, the concept of a family presumes the support, raising and living community. From the same context, these people are treated as abnormal families by law and from society even though they are families in reality. These varieties of families are no longer a personal matter caused by individual choice but a social problem. The problem of varying families can not be solved with laws those are established upon the standard of pre-existing families. Which means that traditional and conservative concept of family can not accept the ‘alternative family’ as general family because of the insufficiency of the social recognition and law and institutional inertia. Therefore, to change the recognition of varying families which coexist as members of community, unification of legal and social concepts of family is inevitable. By doing so, we can prepare the ground for legal acceptance of variety of families followed by embodiment of reasonable family policy and also induce the change of social recognition.

경제적 어려움을 경험한 집단의 가족생활만족도와 영향요인

박종옥 한국FP학회 2019 Financial Planning Review Vol.12 No.1

The purpose of this study was to find family life satisfaction and its influence on a group that experienced economic difficulties. Data were obtained from 2017 12th Korea Welfare Panel Study, and 1,131 subjects, who had experienced economic difficulties for last year, were selected (economic difficulty experienced group). A total of 2,201 subjects, who had experienced other difficulties except for economic difficulties (other difficulty experienced group) and 3,112 subjects who had no any difficulties (no difficulty experienced group) were selected. Main results were as follows. First, family life satisfaction measured by a 7 point Likert scale revealed 5.50 for the total group, 5.04 for economic difficulty experienced group, 5.41 for the other difficulty experienced group, and 5.74 for no difficulty experienced group. For economic factors (expenditure/income index, monthly expenditure/total liquid asset index, total debt/total liquid asset index, total debt/total asset index, subjective income satisfaction), the levels of the group that experienced economic difficulties were the lowest out of the three groups. For psychological factors (depression, self-esteem), the group that experienced economic difficulties showed the most negative levels of three groups. For the family relation factors (spouse relation satisfaction, child relation satisfaction, stress from daily life), the group that experienced economic difficulties showed the most negative levels out of the three groups. Second, for the group experienced economic difficulties, family life satisfaction for men (husbands) was lower than that for women (wives). In addition, a lower depression and stress from daily life were associated with a higher self-esteem and spouse-child relation satisfaction, and the higher family life satisfaction. Furthermore, psychological factors and family relation factors had significant effects on family life satisfaction for all three groups. In contrast, economic factors, which did not show significant effect on family life satisfaction for the economic difficulty experienced group, had partially significant effects on family life satisfaction for other two groups. Third, a comparison of the influence levels based on the results of hierarchical regression analysis, family relation factors were the strongest factors influencing family life satisfaction, followed in order by the psychological factor, economic factors, and socio-demographic factor. Finally, based on the above main results, to enhance the family life satisfaction of the families who were having economic difficulties, and economic support policy would be necessary. On the other hand, family’s economic improvement might be not easy in a short period time. In that sense, psychological support programs, such as spouse support program, stress reducing program, and improving family relationship program might be helpful in enhancing family life satisfaction on the short term. 본 연구는 경제적 어려움을 경험한 집단의 가족생활만족도와 그 영향요인을 파악하고자 하였다. 이를 위해 제12차 복지패널 자료를 이용하여 총 6,444명을 대상으로, 지난 1 년간 경제적 어려움 집단 1,131명, 경제적 외의 어려움 경험집단 2,201명, 그리고 어떠한어려움도 경험하지 않은 집단 3,112명을 구분하여 분석하였다. 본 연구의 주요결과를 요약하면 다음과 같다. 첫째, 가족생활만족도는 전체집단이 7점 중 5.50이었고, 경제적 어려움 집단(5.04)이다른 하위집단에 비해 만족도가 가장 낮았으며, 경제적 요인(가계수지지표, 비상자금지표, 중기부채부담지표, 장기부채부담지표, 주관적 수입만족도) 및 심리적 요인(우울감, 자아존중감), 가족관계적 요인(배우자 및 자녀관계 만족도, 성역할관, 가정생활 스트레스) 모두 경제적 어려움 집단이 가장 부정적으로 나타났다. 둘째, 경제적 어려움 집단의 가족생활만족도는 우울감과 가정생활 스트레스가 낮을수록, 자아존중감과 배우자․자녀관계만족도가 높을수록 만족도가 높았다. 전체 및 다른하위집단 비교해보면, 심리적 요인과 가족관계적 요인은 유사한 결과를 보였으나, 경제적 요인은 경제적 어려움 집단에서는 유의하지 않았던 요인이 다른 집단에서는 부분적으로 유의하였다. 셋째, 위계적 회귀분석을 통하여 사회인구학적, 경제적, 심리적, 가족관계적 요인들이가족생활만족도를 어느 정도 설명하는지를 살펴본 결과, 전체 및 하위집단별 집단 모두에서 가장 영향력이 큰 것은 가족관계적 요인이었으며, 심리적 요인, 경제적 요인, 사회인구학적 요인의 순으로 나타났다. 이상의 연구 결론을 기초로 경제적 어려움을 겪고 있는 집단에 대한 정책적 지원 및심리상담을 통한 심리적 지지 및 관계 개선의 필요성을 제안하였다.

호주제도 폐지 이후의 가족생활의 변모

정동호(Chung, Dong-Ho) 한국가족법학회 2013 가족법연구 Vol.27 No.3

The Head of Family System and the concerned traditional custom/rules are very important in our ordinary family life and it's affected division. Notwithstanding the system was abolished, so called, by family scholars and governmental designations, in a sense, this amendment is really a transformation of our traditional family life itself. And the repeal is concerned not only civil law but also other laws, for example, penal law and civil process law etc. In the other points, family forms and their members are not so simple or inter-counted relatives. And the future family forms can not easily be expected. For example, the parent's family, children's family, or the confused family etc. can be really exposed. Their relations can not be easy to understand, consult and fax. This article is written about a part of the problems. The main points are as followings. 1) The base of the Head of Family System. 2) The transformation of the concerned provision. 3) The abolition of head-command family system. 4) The family life fusion after this abolition. The other legal problems should be deeply thought and written as the special Article. And so on I think that Korean Family Life style may not change and in some ways the more meaningful family life forms can be found. But I think we threw away a very important family system that anyone can not restore in other society or general country.