Relatives

Relatives (친족/親族) are referred to a spouse (배우자/配偶者), blood relatives (혈족/血族) and relatives by affinity (인척/姻戚). Article 767 of the Civil Act (민법/民法).

Legal effect taken by relationship of relatives shall extend to those who fall under any of the following subparagraphs unless this Act or other Acts provide otherwise: Article 777.
 * 1. Blood relatives within the eighth degree of relationship;
 * 2. Affinity relatives within the fourth degree of relationship; and
 * 3. Spouse.

Kew words
relatives, lineal ascendants, lineal descendants, collateral blood relatives, household (Hoju) system, family

Scope of relatives
Lineal blood relatives are defined as lineal ascendants (직계존속/直系尊屬) and lineal descendants (직계비속/直系卑屬). 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 (방계혈족/傍系血族). Article 768.

Spouses of blood relatives, blood relatives of the spouse, and spouses of the blood relatives of the spouse shall be relatives by affinity. Article 769.

Computation of degree of relationship
(1) The number of generations of a lineal blood relative shall be determined by computing the number of generations ascending from the person concerned to his or her ascendant or descending from him or her to his or her descendant.
 * Computation of Degree of Relationship of Blood Relatives. Article 770.

(2) The degree of relationship of a collateral blood relative shall be determined by computing the number of generations ascending from the person concerned to a lineal ascendant of common origin and then descending from such lineal ascendants of common origin to his or her lineal descendant.

The affinity shall be determined by the degrees to blood relatives from the spouse for blood relatives of the spouse, and those to the blood relative for the spouse of a blood relative.
 * Calculation of Degrees of Affinity. Article 771.

(1) Parental lineage and the degree of relationship between an adopted child on the one hand and the parent by adoption and their blood relatives and relatives by affinity on the other, shall be deemed from the time when an adoption has been made, the same as those of a child born while the father and mother are in matrimonial relations.
 * Parental Lineage and Degree of Relationship of Adopted Child. Article 772.

(2) The degree of relationship of the spouse, lineal descendant and the spouse of such lineal descendant, of the adopted child shall be determined upon the basis of the parental lineage of an adopted child as prescribed in paragraph (1).

Scope of family members
Family members shall consist of the following persons: Article 779 (1).
 * 1. The spouse, lineal blood relatives, and brothers and sisters; and
 * 2. Spouses of the lineal blood relatives, lineal blood relatives of the spouse, and brothers and sisters of the spouse.

In the case of paragraph (1) 2, it shall be limited to the case where they share living accommodations. Article 779 (2).

Previously, prior to the amendment to the Civil Act in March 2005 by Act No. 7427, there existed traditional household system (호주제/戶主制). Beginning January 1 of 2008, Korea’s age-old patriarchal "Hoju" system was abolished in favor of a more gender-friendly policy. It was facilitated by the Constitutional Court decision that the "Hoju" system does not conform to the Constitution.