高齡化 社會에서 老親扶養의 法的 問題에 관한 硏究 : 父母扶養義務의 法理와 內容을 中心으로
(A) Study on the Problem of Legal Support for Old Parents of the Aging Society : A Principle of Law and It's Contets the Duty of Support for Parents
고령화사회 노친부양 법적문제 사회복지;
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The effect and policy implications of family changes on elderly care need to a proposal improvement of family maintenance the civil code basis for children supporting their old father and mother and reducing no-care of the basic livelihood guarantee law In our society, now and in the past as well, there live not a few of unself supportable people, and the main reason lies in the principal fact that they are hardly self-sustainable because of their ages, illness- this first natural cause, and the second goes to their social problem of placement. The large family system was based on filial piety and union by blood relation. However, the phenomenon of a nuclear family system began to be seen from 1960's through the influence of industrialization and urbanization at that time. Such phenomenon has caused marked change in former sense of value between relative. This disruption of the large family system brought extinction on the family system and led to the realization for the dignity of human beings and equality of both sexes. By the way, in the nuclear system if man and woman get married of their own accord, a couple make a home separate from their parents or family. Out of this a many problems on the support of old parents arise in the home as well as th society. However, the stipulations of Civil Law, among support-related laws, shows some deficiencies in stipulating the question of supports, while the traditional theory of support contains some absurdities Nevertheless, our current National Basic Livelihood Guarantee Law, Which is a public aid law, has been applied to the limited age class of, or over 55, regardless of the insufficient current pension system and early super-annuation system, regulating the private-support-first principle, with no effort to deal with the public support law and the private support law as a whole. Consequently, the support of old parents, for instance, has fallen into a vacuum state of legal protection. As for that two problems is pointed out. First, the civil code has been regarded that the support of old parents nothing but the duty of living assistance different from the support of husband to wife or parents to children. Therefore, in the light, it is difficult for old parents to maintain the minimum life. Second, although the old goes on rapidly in number, the civil code has been enacted in 1958, when the present state had been no regarded. That stipulation are from article 974 to 979 of the Civil Law. Also these stipulation must be revised suitable for the change of the society. By means of like that we must find a fundamental solution to the problem on the support of old parents. And items which are required to amend the duty of old parents should be make the duty of the life. In order to criminalize the failure to fulfill family obligations, provisions concerning obligations to support family in Korean Civil Law should be revised. This criminalizing is based on the premise that the law makes sufficient provision for family support. The present Korean Civil Law has many insufficient provisions. It is maintenance law should be reformed in terms of supporting ensuring rights to live.