• Journal of the Korean Home Economics Association
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• v.40 no.12
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• pp.159-170
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• 2002

This study, with a view to establishing the objective and concrete methodology of partition of properly by the married couple in the process of divorce, is to suggest the calculation method of impartial division of property by means of applying the system to division of remainder used in Germany. Generally, the process of estimating the amount of partitioned property has two steps, the first of which is to calculate the remainder of the husband and the wife each. The second step is to compare the remainders of the couple and calculate the difference in order for the spouse who has more to claim the payment of a half of the difference. This method has the advantage of dividing impartially the remainder obtained by labor in the married life.

• Journal of the Korean Home Economics Association
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• v.31 no.1
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• pp.13-24
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• 1993

The reformed family law was enforced from Jan.1,1991 and the claim to division of matrimonial property in case of divorce, a newly enacted right in the law, is expected to increase the economic position of married women. By this system, married woman can claim her share in the matrimonial property in case of divorce if she verifies her contribution to it. But actually, household work of housewives has not been evaluated properly as compared with their husbands' work in deciding of property division rate, because there is no economic base about the value of household work. So, this study verified wives' role of contribution to matrimonial property and compared their work hours with their husbands. As the result, following suggestions can be presented. 1. The contribution rates of husband and wife to the matrimonial property have to be acknowledged equally and, in case of employed wife, her rate has to be evaluated higher than her husband. 2. Because the property division is not a solatium but a transfer of wife's share, responsibility which marriage has dissolved should not be taken more to women than men. 3. Decision of division rate has to be made regardless the amount fo property unless there are special reasons. 4. The donation tax and inheritance tax should not be imposed on matrimonoal property which was returned to wife from her husband.