동아시아 국가의 동성혼 합법화와 입법방식에 관한 연구

Abstract

The current global trend is legalizing same-sex unions, but it has not yet been legalized in Korea. As a result, same-sex partners are not receiving legal protection. This has been subject to many restrictions not only on the exclusion or restriction of rights and obligations under civil law, but also on disadvantages under tax law, criminal restrictions, and private organizations. As such, same-sex union is not recognized in Korea, but at this point in time when issues that demand same-sex union are receiving intense and social attention, there is a need for full-fledged discussion. Among the countries in East Asia that are close to Korea, Japan, where local governments operate a partnership system, and Taiwan and Thailand, which have recently allowed same-sex marriage, have reviewed the legislative form, content, and process of legalization of same-sex marriage. In the case of Japan, same-sex marriage is not allowed, but each local government operates a partnership system, and each local government has different methods and contents. However, there have been recent changes in various legislative attempts and precedents. In addition, while Taiwan was implementing a different same-sex registration system for each local government, a special law was enacted by the court's unconstitutional ruling to legalize same-sex marriage. Thailand is a country where same-sex marriage was legalized by the revision of the Civil and Commercial Act, while the partnership system was operating due to the enactment of the Civil Partnership Act. Japan and Taiwan have a partnership system operated by local governments, and Thailand is operated by legislation. In addition, Taiwan's legalization of same-sex marriage was enacted as a result of the unconstitutional judgment, and Thailand's National Assembly revised the Civil and Commercial Act to legalize same-sex marriage. Most of them made judicial judgments and decisions of the National Assembly on the grounds of human dignity and values, the right to pursue happiness, freedom of marriage, and equality. In the case of Korea, there is no full-fledged legislative and judicial judgment yet, but when discussions on allowing same-sex unions have begun, an intermediate form of partnership system should be allowed and more rights and obligations should be granted to the parties.