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The Review of the Crisis of Modern Marriage System through the Homosexual Marriage

  • Crisisonomy
  • Abbr : KRCEM
  • 2014, 10(11), pp.207-224
  • Publisher : Crisis and Emergency Management: Theory and Praxis
  • Research Area : Social Science > Public Policy > Public Policy in general

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ABSTRACT

Our country, one that sustained a patriarchal extended family system throughout history, has come face-to-face with a threat to its family system stemming from the disintegration of extended families, nuclearization of families, increasing divorce dates, growing number of single parent or grandparent-headed households, and the lowest birth rate among OECD nations in the modern era. If current trends hold, the Korean population is expected to dwindle down to 20 million by 2030. Some radical studies go as far as predicting that Koreans will go extinct by 2050. In addition, homosexual marriage, not heterosexual marriage, has newly emerged as a social phenomenon, and the media is boiling over with the issue of legalizing it. The homosexual marriage is permitted in almost twenty countries such as the Netherlands, Canada, Denmark and so on. The couples of Kim Jo Gwang-su and Kim Seung-hwan got married on September 7, 2013 and submitted the marriage declaration. However, it was not accepted due to the reason that there is no civil marriage agreement between the parties. Hence, they filed for the homosexual marriage for the first time in the nation on May 21 this year. It is implied that the equality of gender in the marriage concept of Article 36 Provision 1 of our constitution isn't necessarily the marriage between a man and a woman. With regard to the dispute on whether the homosexual marriage is included in the marriage concept, the permission on the homosexual marriage is left as an issue of the constitutional interpretation until a specific regulation is included in the Constitution of the Republic of Korea or a separate law is introduced as the marriage replacement system.

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