Book contents
- Frontmatter
- Preface
- Contents
- List of Contributors
- Africa Children and Informal Justice Systems in Africa
- Africa The Law and the Protection of the Family in Sentencing Primary Caregivers of Children: Practice from a Few African Countries
- Albania Cross-Border Disputes over Child Custody and Access Rights and the ECtHR Jurisprudence in the Case of Albania
- Australia Greater Recognition of Adults as Individuals?
- Belgium Belgian Family Law Anno 2018
- Brazil The Necessary Subordination of the Interests and Commitment of Adults in the Construction of a Preventive Public Policy to Reduce the Sexual Vulnerability of Children in Brazil
- Canada Efforts to Address Intimate Partner Abuse and High-Conflict Custody Disputes in Canada
- China A Survey on the Intestate Succession Views and Relevant Habits of Private Entrepreneurs in Contemporary China and its Legislative Implications
- China Child Sexual Assault in China and Preventive Education
- England and Wales To Procreate, or Not, That is the Question
- Germany Law Reforms in Abundance
- Hong Kong Cutting Our ‘Children's’ Coats According to Our Cloth: Hong Kong Family Mediation Regarding Children's Arrangements in the Context of Culture and Law
- India Family Privacy in India
- Ireland Sheltering the Homemaker in Irish Family Law: Ireland's Failure to Evolve with the Shifting Social and Family Norms
- Italy Robots for the Family: Protection of Personal Data and Civil Liability
- Japan The Japanese Supreme Court should Promote Family Law Reform More Drastically
- Korea Recent Development in Korean Family Law: Best Interests of the Child, End-of-Life and Sexual Minorities
- Myanmar Marriage under Myanmar Customary Law
- New Zealand A Review of Relationship Property and the Māori Way of Life in Parenting Disputes: Changes Afoot
- Norway The Strengthening of Fathers’ Rights in Norwegian Child Law and Other Recent Reforms
- Papua New Guinea Child Welfare and Protection Law Reform in Papua New Guinea: A Critique
- Poland Supporting Elderly Persons in Polish Family and Succession Law
- Portugal Chronicle of a Legal Reform Foretold: The Shape of the Law to Come Regarding Incompetent Adults in Portugal
- Serbia The Case of ‘Missing Babies’ in Serbia before the European Court of Human Rights
- Singapore The Evolution of the Singapore Family Justice Courts: A Journey to Serve Families and Children Responsibly
- South Africa The Implications of Varying Statutory Minimum Age Thresholds for Child Consent in Respect of Minors Granted Majority Status Through Civil Marriage in South Africa
- Sweden, Norway and the USA Regulations of and Remedies for Corporal Punishment Against Children
- Index
Korea Recent Development in Korean Family Law: Best Interests of the Child, End-of-Life and Sexual Minorities
Published online by Cambridge University Press: 31 January 2019
- Frontmatter
- Preface
- Contents
- List of Contributors
- Africa Children and Informal Justice Systems in Africa
- Africa The Law and the Protection of the Family in Sentencing Primary Caregivers of Children: Practice from a Few African Countries
- Albania Cross-Border Disputes over Child Custody and Access Rights and the ECtHR Jurisprudence in the Case of Albania
- Australia Greater Recognition of Adults as Individuals?
- Belgium Belgian Family Law Anno 2018
- Brazil The Necessary Subordination of the Interests and Commitment of Adults in the Construction of a Preventive Public Policy to Reduce the Sexual Vulnerability of Children in Brazil
- Canada Efforts to Address Intimate Partner Abuse and High-Conflict Custody Disputes in Canada
- China A Survey on the Intestate Succession Views and Relevant Habits of Private Entrepreneurs in Contemporary China and its Legislative Implications
- China Child Sexual Assault in China and Preventive Education
- England and Wales To Procreate, or Not, That is the Question
- Germany Law Reforms in Abundance
- Hong Kong Cutting Our ‘Children's’ Coats According to Our Cloth: Hong Kong Family Mediation Regarding Children's Arrangements in the Context of Culture and Law
- India Family Privacy in India
- Ireland Sheltering the Homemaker in Irish Family Law: Ireland's Failure to Evolve with the Shifting Social and Family Norms
- Italy Robots for the Family: Protection of Personal Data and Civil Liability
- Japan The Japanese Supreme Court should Promote Family Law Reform More Drastically
- Korea Recent Development in Korean Family Law: Best Interests of the Child, End-of-Life and Sexual Minorities
- Myanmar Marriage under Myanmar Customary Law
- New Zealand A Review of Relationship Property and the Māori Way of Life in Parenting Disputes: Changes Afoot
- Norway The Strengthening of Fathers’ Rights in Norwegian Child Law and Other Recent Reforms
- Papua New Guinea Child Welfare and Protection Law Reform in Papua New Guinea: A Critique
- Poland Supporting Elderly Persons in Polish Family and Succession Law
- Portugal Chronicle of a Legal Reform Foretold: The Shape of the Law to Come Regarding Incompetent Adults in Portugal
- Serbia The Case of ‘Missing Babies’ in Serbia before the European Court of Human Rights
- Singapore The Evolution of the Singapore Family Justice Courts: A Journey to Serve Families and Children Responsibly
- South Africa The Implications of Varying Statutory Minimum Age Thresholds for Child Consent in Respect of Minors Granted Majority Status Through Civil Marriage in South Africa
- Sweden, Norway and the USA Regulations of and Remedies for Corporal Punishment Against Children
- Index
Summary
INTRODUCTION
Every day family law issues appear in the news and in cases. What is new this year in Korean Family law? In the year 2017, Koreans saw some substantial activities in both legislation and interpretation of the law. Family law reflects the trend of the times, as is very important and desirable.
Most of all, family law of the twenty-first century regards children's best interests as one of the highest values. The Korean Civil Code (Minbeop, KCC) was amended for child welfare in two areas of family law in 2017. One limits the previously recognised paternity presumption in determining the father of the child born after divorce, by introducing an easy and speedy procedure for establishing the child-father relationship through the court's permission after genetic testing. The other is an extension of visitation rights to the grandparents for the child's best interests, reflecting today's phenomenon that the number of grandparents directly responsible for childcare has been rising sharply due to the increase in double-income families.
Surprisingly, in August 2017, Korean society reached an aged society, which meant that the population over 65 years old exceeded 14 per cent of the total population. Ageing has caused many legal issues, such as the problem of adult guardianship and testamentary capacity. On the other hand, the development of and dependence on medicine is producing the social problem called lifesustaining-treatment, for the maintenance of life rather than for the recovery of biological function. After two well-known cases, in fact based on the same patient, were released in 2009, legislation creating new rights in favour of patients in end-of-life situations was adopted in 2016 after a long debate in the Korean Parliament. It entered into force on 4 February 2018.
More recently, as the voice of sexual minorities grows, the legal status of transsexuals and whether to admit same-sex marriage have become very hot issues. However, Korean society, which combines Confucian tradition, Christian culture and a mandatory military system, has been reluctant to accept the difference of sexual minorities and accept them as members of society. Nowadays, the wind of change is slowly blowing through local courts, though some of the rulings have been a little disappointing..
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- International Survey of Family Law 2018 , pp. 333 - 356Publisher: IntersentiaPrint publication year: 2018