Matrimonial Property System of Past, Present and Future in Korea: Focused on the Role of Tradition and Culture in Family Law Reform

Abstract

This paper is to introduce the matrimonial property system of past, present and future in view of the role of tradition and culture in family law reform and matrimonial property system. The separate property rule which is a statutory marital system looks impartial and reasonable between married couples at a glance; however, it has serious problems. Since the system belongs to a pure separation of property system, related provisions and Supreme Courts decision do not consider the joint property during marriage different from the so-called deferred community which most of the other countries of separation of property adapted. As a result, a spouse who has the title of property can dispose his/her property without the other partys consent even though it was acquired with help of the other spouse by homemaking. The reasons are related to the patriarchal tradition and culture in the society. This paper examines historical review of family law reform and discusses the problems of the separate property system and causes of the problems to find out the role of tradition and culture in family reform including matrimonial property system. Reform bill of separate property related systems will be introduced as a future aspect.