일본가족법에 있어서 친족제도의 법제사적 고찰

Abstract

A Historical Study of Kinship Systems in Japanese Family Law

This author explores kinship systems in Japanese family law in legal perspectives through this article. This author focuses on a comparative legal study of a couple of principles and norms of family law between Korea and Japan, because two countries have shared many Confucian cultural aspects. While Korean, Japanese and Chinese kinship have showed differently imported levels from ancient Chinese legal system - clan regulation code, the importing level of Japan is extremely low, due to its strong execution of Japanese local law. This is a primary characteristic of Japanese family law. This author studies kinship systems in several essential periods through Japanese history, and then summaries each small conclusions. Consequently this author compares Korean and Chinese family law with the explored Japanese kinship systems in order to study current family law. A study of kinship system in family law area is very fundamental. In narrow respect of kinship law, it deals with a concept of kinship, a boundary of kinship, family support, equal protection by sex, various legal issues concerning biological children, guardianship, and succession issues. This author considers that this study would be useful for a comparative analysis of Asian family laws, and it would contribute to rethinking a number of family law issues, which have been debated to be revised.