prerequisite to become a director is not easy for women farmers on the site,
because the amount of investment to become a member is not affordable to
most of female farmers. Moreover, some regional Nonghyup organizations
impose a limit on the number of participants per household. Women farmers
should be guaranteed with proper opportunities to participate as a member,
representative and director through a discussion between female farmers, the
Government and Nonghyup.
[23] Equal Guarantee of Marital Property Rights (List of Issues 22)
92. The current Civil Act defines a separate property system by stipulating that
inherent property belonging to either husband or wife from the time before the
marriage and property acquired during the marriage in his or her own name
shall constitute his or her peculiar property and husband or wife shall separately
manage, use and take profit from his or her peculiar property regardless of the
spouse’s intent (Article 830 and 831). There is no separate principle of property
division between a married couple as it is written that if no agreement is made
for a division of property as referred to in paragraph (1), or if it is impossible to
reach an agreement, the Family Court shall, upon a request of the parties,
determine the amount and method of division, considering the amount of
property acquired by cooperation of both parties and other circumstances
(Article 839-2). Property division before divorce is not allowed. Meanwhile, if
inheritance is initiated with the death of one spouse, claim for division of
property is not allowed unlike the case of divorce and the share inherited by an
inheritee’s surviving spouse shall be increased by 50% over the inherited share of
the inheritee’s lineal ascendant where the spouse inherits jointly with such
ascendants. (Aricle 1000, 1003 and 1009)
93. Women’s property rights need to be guaranteed even without divorce when the
spouse poses a threat to the livelihood of family by squandering the fortune on
gambling, extramarital affair and speculation. In case of divorce, a spouse could
claim for up to 50% of property in the other spouse’s name when a justifiable
division of property takes place according to the ruling. However, a system to