동성혼의 합법화 여부와 입법모델에 관한 연구

Abstract

Modern family relations are proceeding with personalization, equalization, pluralization and de-institutionalization, and the notion of traditional marriage system is also changing. One of the problems of this modern family system is the issue of same-sex marriage. Marriage can be defined in many ways in general, but when it is defined as a contract in which a man and a woman live together, one man and one woman are not married. Currently in Korea, same-sex unions can not form any legal relationship, so we are not allowed to exercise civil rights. Currently in our country, same-sex unions can not form any legal relationship, so we are not allowed to exercise civil rights. In addition, recent global trends are pushing for legislation on same-sex unions. We looked at the contents of the European Union agreement that influenced European countries to legalize eastern marriage, as well as the United Kingdom, France, Germany and the United States. Among Asian countries, Taiwan has legalized same-sex marriage. And we examined Japan, which does not recognize same-sex marriage but protects ordinances of local government. There is a similarity in the process of nationalization in Britain, France and Germany. These countries begin with social discussions, are carried out as civil unions or living partnerships, and then the differences between the person in the partnership and the person in the marriage are determined by the legal institution. In the United States, the system of same-sex unions, which was otherwise stipulated in federal and state laws, was recognized throughout the United States by the Supreme Court. Taiwan was allowed to marry the same man in accordance with the Supreme Court ruling while some local governments introduced the system as an ordinance. In Japan, some local governments receive some protection in the form of ordinances and orders, but this is considered the basis for further institutionalization rather than legal effect. At present, discussions in Korea on the marriage issue show that first, the Supreme Court`s perception of marriage is based on the traditional marriage system. In other words, one man and one woman are said to be the subjects of marriage and apply to specific cases accordingly. Nor has legislation been made. At present, it is doubtful whether marriage can be allowed in Korea. First of all, because of the nature of family law, it is thought that marriage of the same sex is not possible anytime soon. Family law is thought to be formed by various factors such as history, culture, awareness of social members, economic environment, and so on. In particular, there is a question of whether we can live in the traditional family system and win sympathy from the majority of society members or make social arrangements.