• 대한가정학회지
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• 제31권1호
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• pp.13-24
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• 1993

The reformed family law was enforced from Jan.1,1991 and the claim to division of matrimonial property in case of divorce, a newly enacted right in the law, is expected to increase the economic position of married women. By this system, married woman can claim her share in the matrimonial property in case of divorce if she verifies her contribution to it. But actually, household work of housewives has not been evaluated properly as compared with their husbands' work in deciding of property division rate, because there is no economic base about the value of household work. So, this study verified wives' role of contribution to matrimonial property and compared their work hours with their husbands. As the result, following suggestions can be presented. 1. The contribution rates of husband and wife to the matrimonial property have to be acknowledged equally and, in case of employed wife, her rate has to be evaluated higher than her husband. 2. Because the property division is not a solatium but a transfer of wife's share, responsibility which marriage has dissolved should not be taken more to women than men. 3. Decision of division rate has to be made regardless the amount fo property unless there are special reasons. 4. The donation tax and inheritance tax should not be imposed on matrimonoal property which was returned to wife from her husband.

• 한국컴퓨터정보학회:학술대회논문집
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• 한국컴퓨터정보학회 2015년도 제52차 하계학술대회논문집 23권2호
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• pp.111-114
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• 2015

민법상 인정하고 있는 부부재산제도는 부부별산제의 원칙 아래 부부재산계약을 따로 두고 있는 형태이다. 부부재산계약은 혼인신고를 하기 전 두 당사자가 재산관계에 대해 합의한 사항을 등기하면 제3자에 대해서도 효력이 있도록 하는 제도로, 부부별산제의 예외가 된다. 부부별산제(민법제830조)는 부부의 일방이 결혼 전부터 갖고 있던 재산과, 결혼 생활 도중 자신의 명의로 취득한 재산을 그 개인의 것으로 보고, 소유가 불분명한 경우만 공유로 추정하고 있다. 따라서 재산의 관리, 사용, 수익은 소유자가 하게 된다. 결국 부부의 공동으로 형성된 재산이라도 소유자가 모든 권리를 행사할 수 밖에 없어 명의를 갖지 못한 부부일방은 재산적인 침해를 받을 수 있는 등 형식적 평등에 불과하고 실질적인 부부의 경제적 평등을 보장받지 못하고 있는 실정이므로 양성평등과 가족법적 이념에도 어긋나는 제도라 볼 수 있다. 그리고 부부별산제가 제3자와 관계에 있어서 법적안정성을 확보할 수 있다는 장점은 있으나, 법적분쟁 시 일방배우자의 소유재산이더라도 상대방 배우자의 숨어있는 가사노동 지분에 대한 보호규정 등이 없어 문제가 제기되고 있다. 따라서 본 연구에서는 부부재산제도의 문제점을 파악해보고 이를 근거로 합리적인 개선방안을 제시하고자 한다.

• 한국생활과학회지
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• 제4권1호
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• pp.39-50
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• 1995

To determine contribution rate to matrimonial wealth accumulation of urban housewives, a survey was made toward them by using questionaires from September 1994 to October 1994. Three hundred-eighteen housewives were randomly selected from Pusan area. The results obtained were as follows. Average contributing rate to household income was 65.7 percent for husbands and 34.3 percent for wives. The contribution rates evaluated by themselves of wives were 38.1 percent for the house property; 36.5 percent for the savings; 9.6 percent for the real estate; 5.2 percent for the land; 9.3 percent for the stocks & bonds; and 9.2 percent for others. It is suggested that 50 percent and over 50 percent of matrimonial properties have to be recognized to the wives who changed their occupations to house work and employed wives, respectively.

• 가정과삶의질연구
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• 제14권3호
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• pp.21-32
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• 1996

The purpose of this study is to suggest the solutions for policy related to estimating the household work to be set up. In this study the damages to housewife are compared in the viewpoints of the insurance company and the victim. And this study criticizes the unfairness in judging wife's contribution to matrimonial property in case of divorce. So for the future studies decisions to the concept of housewife the survey method for time-use data and the substitute wage are needed. And for setting up the policy continuous and objective discussion about the matter interest of the parties concerned and consensus of public opinion and the reform of image about the family nd household work are needed.

• 대한가정학회지
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• 제32권5호
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• pp.55-66
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• 1994

The aim of this study is to propose the reasonable method of evaluation on the value of the life-time household work. for homemaker claim her share in the matrimonial property in relation to her life-time household work and to provide the basic data to measuring proper compensation for homemaker and calculating of the donation tax and inheritance tax amount. Tom compare the difference of the method of evaluation on the value of the life-time household work is evaluted by three methods: the model of the life-time household work which is reflected major variables in the FLC frame work marital stage, total marital period. The major findings are as follows: 1) Among the three evaluation me？ The method of Total marital period is evaluatied the lowest value of the life-time household work. 2) The evaluation method of marital stage is more resonable method than the method of total marital period habe a convenience of evaluation but it dos'nt reflected major variables which influence the value of life-time household work. 3) the most resonable method of evaluation on the value of the life-time household work is revealed the model of the life-time household work which is reflected major variables in the FLC frame work the age of first and last offspring marital period.