유럽에서의 동성혼인 및 동성결합에 관한 최근의 동향

• 영문명: The Recent Trend of the Same-Sex Marriage and Same-Sex Partnership in Europe
• 발행기관: 한국가족법학회
• 저자명: 윤진수(Jinsu Yune)
• 간행물 정보: 『가족법연구』家族法硏究 第35卷 2號, 1~42쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.07.31

영문 초록

This paper reviews the recent trend of the same-sex marriage and same-sex partnership in Europe and analyzes the implication thereof for the Korean Law. In 2015, the decision of Oliari v. Italy by the European Court of Human Rights opined that Article 12 of the European Convention on Human Rights (Right to marry) did not guarantee the right to marry for same-sex couples. However, it declared that Italy bore the positive obligation to provide the legal institution for the protection of the same-sex couple based on the Article 8 of the European Convention on Human Rights (Right to respect for private and family life). In July 2017, Germany enacted new law permitting same-sex marriage. There was controversy whether it was unconstitutional. However, even the state of Bavaria, the most conservative one, gave up the plan to raise the constitutional complaint against the new law. In December 2017, the Austrian Constitutional Court declared that the prohibition of same-sex marriage was unconstitutional in Austria. However, this decision was much criticized, as it was contradictory to the precedents of the Austrian Constitutional Court and the European Court of Human Rights. Looking at the Korean Law, against the backdrop, the Korean Civil Code does not permit the same-sex marriage. Nor can it be said that this is unconstitutional. However, the law should be changed to recognize the same-sex marriage, based on the constitutional right to pursue happiness.

목차

Ⅰ. 서 론

Ⅱ. 유럽인권재판소의 Oliari v. Italy 판결

Ⅲ. 독일의 동성혼인 허용 입법

Ⅳ. 오스트리아 헌법재판소 2017. 12. 4. 판결

Ⅴ. 우리 법에의 시사

Ⅵ. 결 론

키워드

동성혼인 동성결합 유럽인권재판소 유럽인권협약 독일 동성혼인도입법 오스트리아 헌법재판소 Same-sex Marriage Same-sex Partnership European Court of Human Rights European Convention on Human Rights German Gesetz zur Einfuhrung des Rechts auf Eheschließung fur Personen gleichen Geschlechts Constitunational Court of Austria