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Problems and Improvement of Parental Support in Civil Law

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(3), pp.175-208
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Jong-Ryeol Park 1

1광주여자대학교

Candidate

ABSTRACT

In Korea, due to the continued low birthrate, the elderly population has increased, and in 2021 which is three years later, the age of super aged society is emerging as a new problem how to support many old parents. The main reason of super aged society is the low birth rate, but due to the remarkable development of medical technology, the life expectancy has been greatly increased, and the economic burden of supporting a large number of elderly parents by small number of beneficiary has been greatly increased. Thus, the issue of dependency is of the utmost concern as a matter of urgency to be addressed in entering the super aged society. Like this, in recent years, the dependents awareness of elderly parents who can be seen as the interaction through human history has become a condition that families cannot fulfill their roles and the state and local governments are burdened in the social public welfare. However, as the conflict is on the rise, the problem of supporting the elderly is expected to become a big problem for the home and the nation in the entering the age of the super aged society. In relation to this, Korea is defined the private support in Article 974 of Civil Law that between the lineal relation and the spouse by priority, and secondary the other relatives who only make a living with them. Under this provision, supporting the parents is subject to the principle of personal support duty, and the range of support that a family member or individual can be responsible for is weaker than public support. They are also more likely to flee the burden of care for their elderly parents. This means that old parents can face a situation where they cannot enjoy "the right to live a human life". Therefore, in this study, as the study on the general private support for old parents, analyzing first the theoretical basis of the support system for the old parents under the civil law, and then analyzing the problems of the support system for the elderly parents through the legislation of each country. Based on this, I would like to suggest a reasonable improvement plan for the support of the elderly parents.

Citation status

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