美國法上 同姓婚에 관한 考察

• 영문명: A Study on Same-Sex Marriage in American Law
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이덕환(Deok-Hwan Lee)
• 간행물 정보: 『비교사법』비교사법 제12권 1호, 409~436쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.03.01

영문 초록

In the past decade claims for same-sex marriage or marriage-like status have burgeond into very influential political movements in many nations. For instance many European countries, especially in Scandinavia have all enacted legislation authorizing the formal registration of same-sex "domestic partnerships" and extending to such relationships essentially all of the economic and many of the noneconomic legal consequences of marriage social conditions that are associated with development of homosexual behavior in vulnerable individuals have not been remedies in America and other affluent nation, with the continuation of these conditions, it would not be surprising if the phenomenon of the emergence of significant numbers of homosexuals asserting considerable social influence for same-sex marriage continues. The legalization of same-sex marriage truly has become a serious global issue in U.S.. But the claims for the legalization of same-sex marriage have not been generally accepted some states of U. S. have tendency to recognize same-sex marriage, still through institute of civil union etc. only right and obligation of traditional marriage are awarded to same-sex couples. Also most U. S. cases allow same-sex couples to adopt and when same-sex couples relationship broke, it is trend that nonlegal parents are allowed to have custody and visitation. In our country, legal issues of same-sex marriage have not been addressed yet. But there are many same-sex couple and the number will be on the rise in the future. Thus before long, the argument about same-sex couple will be brought to the for front as with U. S.. At this time the study of U. S. case on same-sex marriage will contribute to addressing the issues of same-sex marriage in the future in our country.

목차

Ⅰ. 序說

Ⅱ. 同性婚에 관한 判例의 動向

Ⅲ. 同性婚에 관한 法的 論據

Ⅳ. 동성커플의 法的 地位

Ⅴ. 結語

참고문헌

Abstract