인구소멸 위기에 대응하기 위한 헌법적 소고가족공동체의 다양성과 아동의 기본권을 중심으로

Abstract

In the face of an unprecedented total fertility rate of 0.78, numerous policies have been proposed. While short-term economic support policies may contribute to an increase in birth rates, their effectiveness is constrained by economic factors such as recession, leading to uncertainty about when increased costs might halt the rising birth rate. Population shocks can result in economic and security crises, prompting individuals to avoid childbirth or seek opportunities abroad. Consequently, adopting a distinct long-term plan and constitutional efforts to establish and stabilize a minimum total fertility rate unaffected by external factors is imperative. Approaching the population issue from a constitutional values perspective, the solution begins with understanding the future parent generation's views on marriage and childbirth. To address the national challenge of population decline, the focus is on diversifying the family community, the fundamental unit of the country, ensuring the basic rights of children as family members, and particularly, providing national protection for children born outside of marriage.
 To achieve this, the paper first emphasizes the need to redefine the concept of family for diversified family structures, utilizing a structural analysis of Article 36 of the Constitution. It then presents the current situation in countries that have implemented non-marriage registration systems. Second, the paper introduces the importance of ensuring the basic rights of children as family members. To lay the foundation for a happy childhood and adolescence, it aims to establish basic rights for children and eliminate prejudices and discrimination against non-marital births through new constitutional protection provisions. Finally, the paper suggests a direction for the structure of constitutional amendments if undertaken.