최근 혼인과 가족생활의 변화에 대한 헌법적 대응과 보장

Abstract

Our Constitution stipulates that marriage and family life should be established and maintained on the basis of individual dignity and equality of sexes, and the state has an obligation to guarantee this.
 However, recent changes in marriage and family life are occurring due to various factors of society. In Korea, too, family forms are diversifying due to the collapse of the traditional family system and various choices for freedom of marriage due to late marriage, non-marriage, graduating from marriage, and reduced fertility. Our Constitution stipulates marriage, family life and the obligation of the state to guarantee it in Article 36, but the current legal concept and constitutional response to marriage and family seems insufficient.
 In order to effectively respond to this, I think it is necessary to appropriately revise marriage and family provisions when revising the constitution. The content and form of the discipline of Article 36, Paragraph 1 of the current Constitution has a limit to constitutionally embrace and guarantee the deinstitutionalization of the family in modern society because the traditional family system has a strong guarantee character.
 Problem solving through the existing constitutional interpretation may be the next best thing, but in order to protect and support a new type of community that does not correspond to traditional marriage and family forms as marriage and family, it is necessary to fully consider the possibility of acceptance into our society and accept it based on constitutional possibility and grounds through consensus of the public sphere.
 Furthermore, in recognizing a new type of marriage and family form, it is time to change the sense of solidarity of being a companion to live together in this age, avoiding discriminatory judgment based on preconception and prejudice on the constitutional basis.