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The Influence of Motherhood Ideology on Child Custody Rulings: An Empirical Analysis Study Using SPSS and Qualitative Case Analysis

  • 아시아여성연구
  • 2026, 65(1), pp.83~126
  • Publisher : Research Institute of Asian Women
  • Research Area : Interdisciplinary Studies > Gender Studies
  • Received : August 20, 2025
  • Accepted : January 10, 2026
  • Published : April 30, 2026

Kim, Jimin 1 Lee, Minkyoung 1 Kang, Hyojung 2

1숙명여자대학교 법학과
2숙명여자대학교 영어영문학과

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ABSTRACT

This paper aims to empirically identify motherhood ideologies operating in the court’s custody decisions and analyzes them at three levels. First, this study examines how the concept of maternity is legally constructed and presupposed in Korean law. It then analyzes how the scope of maternity appears across various legal provisions, beyond the explicit term ‘maternity protection.’ Second, the concept of maternity was analyzed from a sociological perspective, focusing on how maternal ideology in Korean society has been historically and socially constructed and sustained. Third, this study conducted a quantitative content analysis and a qualitative analysis of selected cases among 98 custody rulings issued by Korean courts over the past decade. According to the quantitative analysis, the mother was more frequently selected as the custodial parent. However, when financial capability was evaluated as a favorable factor, the likelihood of the father being selected increased significantly. In contrast, when the child’s age was regarded as an important factor, the likelihood of the mother being selected increased. These findings suggest that financial capability tends to be more advantageous to fathers, while the child’s age tends to work in favor of mothers in custody decisions. This suggests that traditional gender roles remain embedded within a judgment structure that prioritizes financial capability. The qualitative analysis further revealed that, beneath the seemingly neutral expression of “the welfare of the child, ” motherhood ideology continued to operate implicitly, suggesting that the court’s rulings still perpetuate the “maternal preference” norm.

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