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A Study on the Legislation in Same-Sex Marriage in Korea
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우리나라에 있어서 동성혼의 법적 수용에 관한 고찰

논문 기본 정보

Type
Academic journal
Author
Journal
원광대학교 법학연구소 원광법학 원광법학 제35권 제1호 KCI Accredited Journals
Published
2019.1
Pages
239 - 265 (27page)

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A Study on the Legislation in Same-Sex Marriage in Korea
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Abstract· Keywords

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The marriage system is a social system and at the same time a legal system related to social perceptions and customs. The marriage system has been constantly changing, but marriage has not changed in that it is a union of man and woman. However, there has been a growing demand for the legalization of the same sex with the assertion that marriage should recognize not only the union of man and woman but also the union of people of the same sex. Thus, reaching the country to legislate same-sex marriage today in 26 countries in the world. Korea still does not allow same-sex marriage legally. However, there are growing demands for the legalization of same-sex marriage in Korea. At the same time, the opposition to legalize same-sex marriage has also become more powerful, increasing the intensity of the opposition movement. Therefore, this article examines the marriage system and whether there were some attempts to legislate the same-sex marriage. It also analyzed what is incentive to bring about a legal system transformation. Through this analysis, I examined what the process of legal recognition of the same-sex marriage in foreign countries suggests to our country. The process of legislating the same-sex marriage in the United States has have a great impact on the legislation of the same-sex marriage in Korea. Homosexual advocacy groups have been using media to improve society 's perception of homosexuality. They have linked homosexuality with political parties as political issues. They also sought to seek legal recognition of the same-sex marriage by filing a lawsuit. These strategies used in the United States are used by homosexual advocacy groups in Korea. In this study, it was found that the social change caused the change of the legal system. Also, I could see the change of the legal system leading to the change of society. It is also suggested that the role of the law is also important in ending the dispute in a divided society. In this respect, it is premature to enact the same-sex marriage in Korea.
#Sexual Orientation #Sexual self-determination. Freedom of marriage #Same-sex Marriage #Marital Community

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권영성 / 2015 / 헌법학원론 / 법문사 google schola 길원평 / 2014 / 동성애 과연 타고 나는 것일까? / 아론누리 google schola 김용한 / 2002 / 신친족상속법론 / 박영사 google schola 김주수 / 2014 / 친족·상속법 / 법문사 google schola 김철수 / 2009 / 헌법학신론 / 박영사 google schola

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