KCI등재
일본에서의 내연(內緣)에 대한 논의와 그 개념의 변화에 관한 고찰 = A Study on the Discussion about the Form of De facto Marriage in Japan and the Consideration about the Change of Such a Concept
저자
임영수 (충북대학교)
발행기관
학술지명
권호사항
발행연도
2011
작성언어
Korean
주제어
등재정보
KCI등재
자료형태
학술저널
발행기관 URL
수록면
65-94(30쪽)
KCI 피인용횟수
0
DOI식별코드
제공처
소장기관
The form of de facto marriage refers to the non-registered combination between a man and a woman. Such a term was created during the Japanese colonial period when the colonial government forcibly converted the form of ceremonial marriage which had been the traditional marriage custom in Korea into that of registered marriage which was widespread in Japan at that time, after taking away the sovereignty of Korea. In terms of legal history, it is clear that such a term has a number of similar parts with the form of de facto marriage in Japan.
Since the Meiji Civil Law in Japan, which was passed in 1885, focused on the application of registered marriage which provided the duty of registering marriage according to a legal process, it was required to deny the establishment of marriage in regard to the combination between a man and a woman according to the previous form of ceremonial marriage. Until that time, it had been possible for a man and a woman to keep a marital status without registering marriage. Such a form of marriage had greatly influenced the marriage custom for a long time. However, even if the form of registered marriage was applied by considering the beginning of the non-registered combination between a man and a woman, there was no measure in regard to the related problems. In other words, the legislators of the Meiji Civil Law predicted the occurrence of the non-registered combination between a man and a woman and regarded such a state as de facto marriage, ignorantly believing that the form of registered marriage would be gradually established no matter what.
However, the form of registered marriage in Japan was not even established in 1920. Instead, it became a social issue. Such a state was caused by the social trend shown in the process of industrialization as well as various regulations shown in the Meiji Civil Law, which were passed by conservatives. As the form of de facto marriage became a social issue at the end, the Supreme Court in prewar Japan started to recognize the default or liability for damages based on the theory of 'marriage reservation'. Then, the courts in Japan recognized the liability for illegal actions by considering de facto marriage as a marriage-equivalent relationship based on the 'principle of de facto marriage', which was about the application of protection based on the legal form of marriage.
Meanwhile, de facto marriage in Korea currently composes the legal principle of protection based on the principle of marriage which is equivalent to the registered one after going through the principle of marriage reservation, which is the legal principle of protecting de facto marriage in Japan. In Korea, there seem to be frequent cases of carrying out discussions after including various kinds of human combination in the West in the category of de facto marriage. However, it is necessary to think about whether it would be appropriate to execute such discussions without providing any precondition. In other words, it is necessary to carry out discussions think about how the human combination in the West has the same inevitable background as the form of de facto marriage in Korea, or how the Korean society understands such a human combination. However, such discussions have not been actively executed in Korea yet. Instead, there have been some discussions regarding cohabitation without marriage, which can be regarded as homosexual or heterosexual combination with no intention for marriage.
It seems that the concept of cohabitation without marriage was introduced in Korea in 1980s. However, there were discussions about such a concept in Japan in 1970s. It was defined as 'de facto marriage' and the principle of protection for it was developed. In Japan, the unmarried relationship between a man and a woman can be classified into de facto marriage or engagement or adultery, while de facto marriage can be classified into 'de facto marriage of agreement' and 'de facto marriage' which can be reg...
The form of de facto marriage refers to the non-registered combination between a man and a woman. Such a term was created during the Japanese colonial period when the colonial government forcibly converted the form of ceremonial marriage which had been the traditional marriage custom in Korea into that of registered marriage which was widespread in Japan at that time, after taking away the sovereignty of Korea. In terms of legal history, it is clear that such a term has a number of similar parts with the form of de facto marriage in Japan.
Since the Meiji Civil Law in Japan, which was passed in 1885, focused on the application of registered marriage which provided the duty of registering marriage according to a legal process, it was required to deny the establishment of marriage in regard to the combination between a man and a woman according to the previous form of ceremonial marriage. Until that time, it had been possible for a man and a woman to keep a marital status without registering marriage. Such a form of marriage had greatly influenced the marriage custom for a long time. However, even if the form of registered marriage was applied by considering the beginning of the non-registered combination between a man and a woman, there was no measure in regard to the related problems. In other words, the legislators of the Meiji Civil Law predicted the occurrence of the non-registered combination between a man and a woman and regarded such a state as de facto marriage, ignorantly believing that the form of registered marriage would be gradually established no matter what.
However, the form of registered marriage in Japan was not even established in 1920. Instead, it became a social issue. Such a state was caused by the social trend shown in the process of industrialization as well as various regulations shown in the Meiji Civil Law, which were passed by conservatives. As the form of de facto marriage became a social issue at the end, the Supreme Court in prewar Japan started to recognize the default or liability for damages based on the theory of 'marriage reservation'. Then, the courts in Japan recognized the liability for illegal actions by considering de facto marriage as a marriage-equivalent relationship based on the 'principle of de facto marriage', which was about the application of protection based on the legal form of marriage.
Meanwhile, de facto marriage in Korea currently composes the legal principle of protection based on the principle of marriage which is equivalent to the registered one after going through the principle of marriage reservation, which is the legal principle of protecting de facto marriage in Japan. In Korea, there seem to be frequent cases of carrying out discussions after including various kinds of human combination in the West in the category of de facto marriage. However, it is necessary to think about whether it would be appropriate to execute such discussions without providing any precondition. In other words, it is necessary to carry out discussions think about how the human combination in the West has the same inevitable background as the form of de facto marriage in Korea, or how the Korean society understands such a human combination. However, such discussions have not been actively executed in Korea yet. Instead, there have been some discussions regarding cohabitation without marriage, which can be regarded as homosexual or heterosexual combination with no intention for marriage.
It seems that the concept of cohabitation without marriage was introduced in Korea in 1980s. However, there were discussions about such a concept in Japan in 1970s. It was defined as 'de facto marriage' and the principle of protection for it was developed. In Japan, the unmarried relationship between a man and a woman can be classified into de facto marriage or engagement or adultery, while de facto marriage can be classified into 'de facto marriage of agreement' and 'de facto marriage' which can be regarde...
분석정보
연월일 | 이력구분 | 이력상세 | 등재구분 |
---|---|---|---|
2022 | 평가예정 | 재인증평가 신청대상 (재인증) | |
2019-01-01 | 평가 | 등재학술지 선정 (계속평가) | KCI등재 |
2018-12-01 | 평가 | 등재후보로 하락 (계속평가) | KCI후보 |
2017-10-24 | 학회명변경 | 한글명 : 법학연구소 -> 법학연구원 | KCI등재 |
2015-01-01 | 평가 | 등재학술지 유지 (등재유지) | KCI등재 |
2011-01-01 | 평가 | 등재학술지 유지 (등재유지) | KCI등재 |
2009-01-01 | 평가 | 등재학술지 유지 (등재유지) | KCI등재 |
2008-10-10 | 학술지명변경 | 외국어명 : 미등록 -> SungKyunKwan Law Review | KCI등재 |
2008-05-13 | 학회명변경 | 한글명 : 비교법연구소 -> 법학연구소영문명 : Institute for Comparative Legal Studies -> The Institute of Legal Studies | KCI등재 |
2006-01-01 | 평가 | 등재학술지 선정 (등재후보2차) | KCI등재 |
2005-01-01 | 평가 | 등재후보 1차 PASS (등재후보1차) | KCI후보 |
2003-07-01 | 평가 | 등재후보학술지 선정 (신규평가) | KCI후보 |
기준연도 | WOS-KCI 통합IF(2년) | KCIF(2년) | KCIF(3년) |
---|---|---|---|
2016 | 0.64 | 0.64 | 0.71 |
KCIF(4년) | KCIF(5년) | 중심성지수(3년) | 즉시성지수 |
0.6 | 0.57 | 0.849 | 0.28 |
서지정보 내보내기(Export)
닫기소장기관 정보
닫기권호소장정보
닫기오류접수
닫기오류 접수 확인
닫기음성서비스 신청
닫기음성서비스 신청 확인
닫기이용약관
닫기학술연구정보서비스 이용약관 (2017년 1월 1일 ~ 현재 적용)
학술연구정보서비스(이하 RISS)는 정보주체의 자유와 권리 보호를 위해 「개인정보 보호법」 및 관계 법령이 정한 바를 준수하여, 적법하게 개인정보를 처리하고 안전하게 관리하고 있습니다. 이에 「개인정보 보호법」 제30조에 따라 정보주체에게 개인정보 처리에 관한 절차 및 기준을 안내하고, 이와 관련한 고충을 신속하고 원활하게 처리할 수 있도록 하기 위하여 다음과 같이 개인정보 처리방침을 수립·공개합니다.
주요 개인정보 처리 표시(라벨링)
목 차
3년
또는 회원탈퇴시까지5년
(「전자상거래 등에서의 소비자보호에 관한3년
(「전자상거래 등에서의 소비자보호에 관한2년
이상(개인정보보호위원회 : 개인정보의 안전성 확보조치 기준)개인정보파일의 명칭 | 운영근거 / 처리목적 | 개인정보파일에 기록되는 개인정보의 항목 | 보유기간 | |
---|---|---|---|---|
학술연구정보서비스 이용자 가입정보 파일 | 한국교육학술정보원법 | 필수 | ID, 비밀번호, 성명, 생년월일, 신분(직업구분), 이메일, 소속분야, 웹진메일 수신동의 여부 | 3년 또는 탈퇴시 |
선택 | 소속기관명, 소속도서관명, 학과/부서명, 학번/직원번호, 휴대전화, 주소 |
구분 | 담당자 | 연락처 |
---|---|---|
KERIS 개인정보 보호책임자 | 정보보호본부 김태우 | - 이메일 : lsy@keris.or.kr - 전화번호 : 053-714-0439 - 팩스번호 : 053-714-0195 |
KERIS 개인정보 보호담당자 | 개인정보보호부 이상엽 | |
RISS 개인정보 보호책임자 | 대학학술본부 장금연 | - 이메일 : giltizen@keris.or.kr - 전화번호 : 053-714-0149 - 팩스번호 : 053-714-0194 |
RISS 개인정보 보호담당자 | 학술진흥부 길원진 |
자동로그아웃 안내
닫기인증오류 안내
닫기귀하께서는 휴면계정 전환 후 1년동안 회원정보 수집 및 이용에 대한
재동의를 하지 않으신 관계로 개인정보가 삭제되었습니다.
(참조 : RISS 이용약관 및 개인정보처리방침)
신규회원으로 가입하여 이용 부탁 드리며, 추가 문의는 고객센터로 연락 바랍니다.
- 기존 아이디 재사용 불가
휴면계정 안내
RISS는 [표준개인정보 보호지침]에 따라 2년을 주기로 개인정보 수집·이용에 관하여 (재)동의를 받고 있으며, (재)동의를 하지 않을 경우, 휴면계정으로 전환됩니다.
(※ 휴면계정은 원문이용 및 복사/대출 서비스를 이용할 수 없습니다.)
휴면계정으로 전환된 후 1년간 회원정보 수집·이용에 대한 재동의를 하지 않을 경우, RISS에서 자동탈퇴 및 개인정보가 삭제처리 됩니다.
고객센터 1599-3122
ARS번호+1번(회원가입 및 정보수정)