• Title/Summary/Keyword: divorce law

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Study of Divorce Cases under New Family Law in Korea (새가족법에 따른 이혼판례에 대한 고찰)

  • 신순자
    • Journal of the Korean Home Economics Association
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    • v.34 no.2
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    • pp.355-365
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    • 1996
  • This is a study of divorce cases under new family law in Korea specifically during the period of May 1991 to November 1995. This study comprises 33 cases that appeared on two daily newspapers, Chosun-ilbo and Kookmin-ilbo during that period. This study contains the analysis on the rights of Korean women at the time of divorce.

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The Study on the Application for Christian Education by Nashim, Jewish Mishna (유대교 미쉬나 나쉼(Nashim)의 기독교교육을 위한 적용 방안)

  • Jang-Heum Ok
    • Journal of Christian Education in Korea
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    • v.72
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    • pp.71-96
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    • 2022
  • The purpose of this study is to analyze the origins and texts of Judaism Mishnah Nashim, to think from the educational theological perspective, to suggest a method to be applied to Christian education, and to analyze human rights issues in relation to women's marriage life. To achieve the goal of this study is first, to analyze the historical process up to the compilation of Mishna Nashim in order to analyze the origin and text of Mishna Nashim, and then, the seven Masekcotts were analyzed from the perspective of the researcher by dividing them into marriage-related civil law, divorce-related civil law, engagement-related civil law, adultery-related civil law, and vow and pledges related civil law in order to analyze the content of the text of Mishna Nashim. Second, in order to analyze Mishna Nashim in educational theology, marriage laws were analyzed by dividing them into brother-in-law marriage system, chastity system of marriage, divorce law, engagement law, adultery law, and vow and pledge law. Third, to apply Mishna Nashim to Christian education, marriage life education were divided into marriage education and divorce education, vow education and pledge education. The conclusion of this study is as follows. First, marriage education is necessary to establish a Christian family. Second, Divorce prevention education is necessary from the Christian point of view. Third, a spiritually healthy vow education must be conducted. Fourth, healthy pledge education is necessary to live as true Christians. As a result, Korean society still has a deep sense of patriarchal authority, and gender equality is still lagging behind. Discrimination, disparagement, taboos for divorce and remarriage, and stereotypes about gender roles of women still exist within the church, therefore, Christianity must provide an alternative solutions solutions.

A Comparative Study of Divorce between Korea and Japan (현대 가정문제에 관한 연구 - 한.일 간의 이혼 경향에 관한 연구 -)

  • 김혜선
    • Journal of the Korean Home Economics Association
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    • v.20 no.1
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    • pp.97-110
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    • 1982
  • The study was designed to compare family problems specially divorce between Korea and Japan. The age, married period, occupation, education and divorced reason of the couple are formed to be the major factor to relate to divorce in Korea and Japan. Divorced couple both in Kora and Japan showed similla tendency in age, married period and occupation; couples with younger age, 5∼10 years of married period, and sale and service occupation showed higher tendency in divorce. However Japan established the civil law 25 years earlier than Korea and always showed higher tendency in divorce rate between the year of 1912 and 1976. In Korea couples with middle and high school lower tendency in divorce. The major reason for divorce in Japan formed to be disagreed with personality and spouse's affair, but in Korea unchaste act was the most significant reason.

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- A Study on Wife's Contribution to Matrimonial Property - (재산형성에 대한 주부의 기여도에 관한 연구)

  • 문숙재
    • 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.

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Socioeconomic Conditions and Divorce Rate in Korea: An Analysis of Time-series Data, 1970-2002 (사회경제 상황이 이혼율 변화에 미치는 영향: 시계열 자료의 분석, 1970-2002)

  • Cheong Keywon
    • Korea journal of population studies
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    • v.27 no.1
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    • pp.57-80
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    • 2004
  • 이 연구에서는 1970년부터 2002년까지의 시계열 자료를 이용하여 우리나라의 사회경제상황이 이혼율 증가에 어떤 영향을 미쳤는지를 분석하였다. Land and Felson(1976)의 거시 동태 사회지표 모형을 바탕으로 경제상황과 남녀 성비, 그리고 이혼 관련법의 개정 등을 분석모형에 포함시켰다. 경제상황에는 여성의 경제활동 참여율, 실업률 그리고 1인당 국내총생산으로 측정된 소득수준을 포함시켰다. 분석의 결과는 실업률과 소득수준이 이혼율의 증가 추이에 영향을 미치는 것으로 나타나고 있다. 1인당 국내총생산의 수준이 높을수록 이혼율도 증가하는 분석의 결과는 경제적 호황기에는 이혼율이 증가하고 경제적 쇠퇴기에는 이혼율이 감소한다는 선행연구의 주장을 실증적으로 뒷받침해주고 있다. 그러나 실업률이 증가할수록 이혼율도 높아지는 것으로 분석되고 있는데 이는 혼인의 결정 요인과 관련한 남성 중심의 가설을 뒷받침하고 있다. 이러한 연구의 결과는 경제상황을 구성하는 하위요인(소득수준과 실업률)이 이혼율의 변화에 미치는 영향의 기제가 다름을 보여주고 있다. 사회경제상황 자체보다는 경제상황의 변화가 이혼율의 변화에 어떤 영향을 미치는지를 분석하기 위하여 회귀분석의 모형에 변화율을 변수로 포함시킬 경우에는 1977년의 가족법 개정만이 이혼율의 변화율에 영향을 미치는 것으로 나타났다. 분석에서 이혼율에 영향을 미치는 모든 거시적 요인을 통제하지 못하고 있는데, 이는 이 연구의 내적 타당도를 저해하는 요인이 된다. 우리나라의 경우 이혼율은 경제적 상황보다는 오히려 문화적 또는 사회적 요인에 의해서 결정될 수도 있기 때문에 이혼율을 결정짓는 경제적, 문화적, 그리고 사회적 요인들을 모두 포함하는 분석 모형의 개발과 실증 자료를 이용한 검증은 향후의 연구 과제로 남는다.

Study of Divorce Cases Appeared in Newspapers, Chosunilbo and Kookminilbo under New Family Law(1996. 2. 12 ~ 1999. 1. 4) (신문기사에 나타난 새 가족법상 이혼판례 분석 - 1996. 2. 12 ~ 1999. 1. 4, 조선일보와 국민일보 -)

  • Shin, Soon-Ja
    • Journal of the Korean Home Economics Association
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    • v.37 no.6
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    • pp.109-122
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    • 1999
  • This is a study of 43 divorce cases appeared in the Korean courts during 3 years period from Feb. 12, 1996 to Jan. 4, 1999. They were devided into 6 categories. 1) 11 cases were those where divorces were not allowed. 2) 21 cases dealed with the right to ask for alimony. 3) 3 cases dealed with the right to ask for division of property. 4) 2 cases were to decide who will exercise parental rights with respect to children. 5) 1 case was to decide who can meet the children. 6) 5 other cases dealed with other problems associated with divorces.

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A Qualitative Analysis of Dissolution of Remarriage (해체된 재혼의 특성에 관한 연구: 재혼모를 대상으로)

  • Kim, Yoon-Ok
    • Korean Journal of Social Welfare
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    • v.59 no.2
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    • pp.171-195
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    • 2007
  • Remarriages constitute an increasing proportion of all marriage in Korea. In 2005 26.1% of marriages were remarriages for one or both partners. Also, remarriages are more likely to end in divorce than first marriages. This study is conducted to understand how and why the remarriage is ended in divorce in Korea. Seven ex-stepmothers were asked in-depth interview to describe the whole story from courtship to divorce of remarriage. Their narratives were analyzed by a qualitative software program, Nvivo2, which assured us the validity and the reliability of method of the study. Qualitative analysis revealed several major concepts related to the dissolution of remarriage: lack of feeling of love in a motive of marriage, lack of understanding of and preparation for remarriage, fragile tie of remarried couple, frictions between step-children and step-mothers, feeling excluded from family-in-law, and wife battering. The results of the study highlighted that the social work interventions should be actively done in the area of family life education including remarriages and remarried families.

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Discussion on Chilgeojiak and Discourse of Married Couples in Okhwangibong (<옥환기봉>에 나타난 칠거지악 논쟁과 부부 담론)

  • Park, Eun-jeong
    • Journal of Korean Classical Literature and Education
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    • no.39
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    • pp.99-135
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    • 2018
  • This study aims at examining the discussions of Chilgeojiak, meaning seven vices that can be valid causes of divorce, and the discourse on a married couple shown in the deposal of Empress Kwak in Okhwangibong. The study first analyzes the relationship between the incidents of expelling wives from homes in the Joseon Dynasty Era and the seven vices. The divorce of Yi Mi and Shin Taeyeong and the deposal of Queen Yun by King Seongjong show that the standards of judgement in most of the seven vices are unclear or controversial. In Okhwangibong, the arguments about Chilgeojiak are examined through the form of a novel with the expulsion of Empress Kwak. Empress Kwak was deposed by her husband, Emperor Kwangmu, due to jealousy and evil deeds. However, she was devoted to her parents-in-law, bore sons, and above all, she was the emperor's first wife and had gone through hard times and supported her husband. Considering these circumstances, her deposal is not quite agreeable. Readers have the same question, and this has become a cause of the creation of a series. The reasons for Empress Kwak's jealousy lie in Okhwan-a jade ring, the existence of Empress Eum, and the partial love of Emperor Kwangmu. That is, it is not Empress Kwak's fault. Additionally, unrealistic elements involved in Empress Kwak's evil deeds and the story structure focused on her work as factors that make readers support Empress Kwak. Therefore, Okhwangibong displays the realities regarding the discourse of husbands and wives of the era rather than the love in Okhwan, the jade ring, between Emperor Kwangmu and Empress Eum. Such understanding continues to exist in the following series and is a valid problem in the present time.