Government of the Republic of Korea

“ Provided, That where one of husband and wife has made the full adoption of the other spouse’s child as his or her one independently, the same shall not apply with respect to the relationship of the child with the other spouse and the other spouse’s relatives. ”

“ Where the right of succession to family headship has been violated by an unauthorized head of a family, the successor or his or her agent by law may file an action in the court for the recovery of a succession to family headship. ”

“ A wife and her lineal descendants who are not her husband’s blood relatives shall be re-entered into her native family register or establish a new family by the effect of annulment of marriage or divorce. ”

“ The family council may at any time demand a guardian to submit a report on the performance of its duties and to present an inventory of property, and may investigate the status of the ward’s property. ”

“ The parental authority shall be jointly exercised by both parents, when they are under marriage. If the parents fail to reach an agreement, the Family Court shall determine it upon the request of the party. (3) When one parent is unable to exercise the parental authority, the other shall exercise it. ”

“ The natural mother of the person to be succeeded who is an adopted child or the natural mother who has no matrimonial relation with the father of the person to be succeeded can not become the successor of the family headship even if she is a member of the family of the person to be succeeded: Provided, That if the person to be succeeded is the head of a branch family or of a newly established family, this shall not apply. ”

“ If it is impossible for family council to make a decision or family council fails to make a decision, the person who is entitled to demand the convocation of family council may apply to the court for a decision which will substitute for a decision of family council. ”

“ If the father is a person adjudged incompetent, he may affiliate himself as being the father of his child with the consent of the guardian. Article 857 (Affiliation of Deceased Child) Even after a child has died, if its lineal descendant survives, it may be affiliated as the lawful child. Article 858 (Affiliation of Unborn Child) A father may affiliate an unborn child. Article 859 (Effectiveness of Affiliation) (1) Affiliation shall become effective when it is reported in accordance with the provisions of the Family Register Act. (2) Affiliation may be effected by a will. ”

“ A property acquired by a member of a family under his own name shall be treated as his special property. (2) If it is not clear as to whether a piece of property belongs to any member of a family, it shall be presumed to be jointly owned by the family members. ”

“ A spouse, blood relatives and relatives by affinity shall be considered as relatives. Article 768 (Definition of Blood Relatives) One’s lineal ascendants and lineal descendants shall be one’s lineal blood relatives. One’s brothers and sisters, brother’s and sister’s lineal descendants, brothers and sisters of one’s lineal ascendants and such brother’s and sister’s lineal descendants shall be considered collateral blood relatives. ”

“ A person who has succeeded to the family lineage or has set up a branch family, or who has established a new family or has restored a family for any other reason, shall become the head of a family. Article 778 Deleted. ”

“ In a case where any cause of the nullity or annulment of a marriage under the previous provisions exists in a marriage contracted before this Act enters into force, if it does not constitute any cause of the nullity or annulment of marriage under this Act, no claim for the nullity or an- nulment of the marriage shall be made after the enforcement date of this Act. ”

“ Part of the Military Court Act shall be amended as follows: The term “relative, head of family or family member” in subparagraph 2 of Article 48 shall be amended as the term “relative”; The term “lineal blood relatives, brothers and sisters, and head of family” in Article 59 (2) and 66 (1) shall be amended as the term “lineal blood relatives, and brothers and sisters”, respectively. Subparagraph 1 of Article 189 shall be amended as follows:
1.A person who is a relative or was in the relationship of a relative. ”

“ When the marriage of the parent becomes null and void, the child born between them shall be deemed to be a child born out of wed- lock. (2) A child born out of wedlock, when its father and mother marry, shall be deemed to be a child born during the marriage from the time of the marriage. ”