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논문 기본 정보

자료유형
학술저널
저자정보
송효진 (한국여성정책연구원) 전경근 (아주대학교)
저널정보
한국가족법학회 가족법연구 가족법연구 제28권 제1호
발행연도
2014.3
수록면
133 - 162 (30page)

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초록· 키워드

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From the beginning of 1999, a spouse could claim for division of marital property that was acquired during a marriage on divorce as an Article on distribution of marital property was stipulated in Civil law in Korea. Under the newly established institution, the divorce parties are encouraged to settle distribution of martial assets privately on the first place. If the parties fail to reach a property settlement they could file the case to the family court. Upon application of a party on division of marital property, the court considers a number of factors including the total amount of assets acquired by the couple during marriage and then determines the distributable amount and the way to divide the property. In Korea, the calculation of full-time housewives entitlements in the division of assets has draw much attention because court decisions are clearly related to acknowledgement of indirect contribution in the form of childcare and housework and their economic value. About the distribution of marital property for housewives, two studies were conducted in 1998 and 2005. This study is also about the ratio of property distribution for women. Compared to the previous studies, it found that the number of cases in which equitable distribution (50:50 divisions) between the couple increased. It could be translated that women’s right in divorce has been improved. However, women are still unfavorable in the division of pension rights even though pension is also marital property to the extent that it is earned during the marriage. In conclusion, while women’s legal status in divorce cases has been improved significantly, there are still drawbacks to be handled.

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