초록 일부
Family is one of the social units made by the marriage. Also, it has many basic social roles which help family members to pursue their happiness and social activity.
Lately, however, as numerous marr...
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초록 전체
Family is one of the social units made by the marriage. Also, it has many basic social roles which help family members to pursue their happiness and social activity.
Lately, however, as numerous marriages end in divorce, and then the social roles of family die out, many kinds of social problems caused by these divorces threaten our society very seriously. So, there have been many trials, that is, how to solve these problems, but it is true that there have not been the definite and effective solutions.
If we adopt a viewpoint written in the previous sentence, that is, a viewpoint seeing divorce law through the Bible, it can help to change the base of our thinking, and maybe suggest some desirable solutions. So this paper is focused on the social problems created by many divorces, and on the suggestions derived from the divorce law of Bible.
In Europe, divorce law of ''verschuldensprinzip'' is being converted into that of breakdown principle. Over the last twenty years, the Korean family law has been reformed several times.
In these process of reforming, especially the abolishment of two systems are historical events: one is the abolishment of a system called ''patriarchal family system'' which is a system that a man can only become a head of a family and exercise important legal behaviors, and the other is ''the abolishment of ''a system that prohibits against a homosexual marriage'' which prohibits the people, who are same surname and the same family origin, from getting married. The two legal systems are based on male-oriented and Confucianism-based legal systems. Also, the reformed family law is completed with ''a three-month delay before divorce proceedings'' and ''a consulting system of consensual divorce'', etc.
In the Bible, the meaning of marriage is considered very importantly and carefully as it is related to a verbal promise or a holy vow, and the marriage is seen as one kind of religious ceremony. This thought contains the importance of the promise, the vow, the fidelity which recently we don''t ponder deeply. To understand a marriage as the vow or the fidelity through the Bible will be likely to give us very great meanings in that we must keep the marriage stable, and then society peaceful.
In the Bible, any divorce won''t be permitted except committing adultery. If one previous mate lives after divorcing, the other mate can''t be remarried with someone else until one''s mate dies. Especially, in the Old Testament era, this divorce was shown as having the feature of expulsion because of male-dominated society. The women''s status and social position were much lower than those of modern women.
However, in the each part of the Bible, we can find some system to protect the women who are divorced, are getting through the trouble to be divorced because of someone''s plots or suspicion, and are plundered on their human right because of rape. Also, a written certification that assures somebody that a female is divorced has a function that guarantees the female''s social position, the right to be remarried with somebody else, and the right to withdraw her money to be needed to be married.
Moreover, without wife''s gross negligence such as adultery, a wife can''t be expelled by her husband. Although a husband dislikes or abhors his wife, he must supply her with food, clothes, and a house, and ought to sleep with his wife. In those times, these were the best cares for women that didn''t have their powerful economical, social position. These come from the legal concept based on the Bible to defend women who are dumped because of men''s fickleness.
Also, this system is generous commandments which has legal features, and defends women''s right in the era not giving women their social status and freedom. This legal concept of the Bible will be very important contents which must be considered necessarily when the divorce law is reformed, and when we think some matters made in the process of divorcing, such as the defense of economical weak people, the bringing-up of nonage children, and so on.
Now, the modern divorce law in European country such as England, France, Germany, and Sweden adopts irresponsibility principle to the legal principle by introducing nonfault divorce into verschuldensprinzip. Verschuldensprinzip can be likely to make the relation of spouses aggravated more seriously, and to make the children''s protection and bringing-up grow much worse.
In the modern divorce law, the protection of nonage suffering most greatly from their parent''s divorce is the global tendency. Also, each nation does its best positively, and takes a important role to defend poor and disadvantageous women. In addition, it adopts several systems of divorce to adjust the process of not hostile but grace divorce, such as consulting system, or adjusting system.
In Korea, since consulting system before divorce by agreement, and divorce-pondering system were introduced by reforming the civil law between 2005 and 2007, a court can appoint a person in parental authority, and intervene in the child welfare positively. In the 2009''s reform on the civil law, a family court made it a responsibility to sign the form which can make it certain that by whom and how the cost of bringing up a child is paid.
When the civil law reforms, it will be desirable to adopt two main points. Firstly reformers should consider the stability of marriage, and will amend divorce law in the bases of this viewpoint. In the Bible, this point of view has also been emphasized, that is, a marriage is a Holy Covenant that we swear in front of the God, so it is holy and it is not only the relation of two interested parties but also the vow contracted with God. Therefore, a promise of marriage should have ''what should be'' or ''what one should do'', and will have a feature that keeps home comfortable and stable by means of man and wife''s love and chastity.
Secondly, when divorce law is reformed, the care and the defense of a economic and social weak person will be considered most. This viewpoint has already referred in the Bible and European divorce law. In Korean reformed civil law in 2009, there is a form as a responsibility which requires to fill the process of how to bring up their children and how to pay the cost after divorcing. This process is to show that Korean civil law is being reformed in the very desirable direction, but we need to reform the whole national system more to solve very complex divorce problems.
In the other hand, the most important thing that we must know is that the subjects to solve these problems are not the government or the nation, but each person, oneself. The family is an essential unit to keep the society and the nation stable and peaceful, and is a place to give each family member happiness and love. Therefore, each husbands and wives should have and keep their subjectivity or self-government toward their behaviors. In other word, it is greatly needed to keep the effort and the duty to keep their family stable and peaceful.
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