가족관계의 변화와 젠더

• 영문명: The Transition of Family Relations and Gender - Focusing on Civil Marriage Act, S. C. 2005, c. 33.-
• 발행기관: 한국민사법학회
• 저자명: 최성경(Choi, Seong-Kyung)
• 간행물 정보: 『민사법학』제51호, 371~405쪽, 전체 35쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2010.12.31

영문 초록

There has been a lot of modifications in Family Law in Korea. Recently, there was reform of Family Law and accordingly ‘Act on Registrations of Family Relations are in effect since first of January in 2008, and a ‘Family Register Act has been reformed and valid since ninth of November in 2009. This reflects the legislative efforts to meet the changes requested by our society. There has been exception, though, it is the area of same sex marriage. The prejudice against homosexual love makes same sex relations difficult to get into legislative system. The tendency to consider the legislation for same sex relations as fostering them makes it difficult. The problem of same sex couples is the inclination of sex, though, so the enactment does not increase the same sex couples. It only discloses them. It is not the concern of this study that if same sex couples are right morally. This only turns attention to their existence though there is no legislation for them. Then at this moment when they are in existence and participating in society, I wonder if it is right to ignore the enactment on same sex couples. This study is to introduce ‘An Act Respecting certain Aspects of Legal Capacity for Marriage for Civil Purposes(Civil Marriage Act, S. C. 2005, c. 33.) which has endowed legislative solution on same sex marriage in Canada. Civil Marriage Act was enacted on 20th of July in 2005 in Canada. This was to provide legislative solution to otherwise divided opinions on same sex marriage. After series of debates on status by law of same sex couples socially and lawfully since supreme court had judged constitutional coverage should be extended to same sex couples in 1999, federal council made a decision to exclude the segment of ‘male and female from the traditional concept of marriage in only 6 years. The study on law systems in Canada is scarce despite its close relationships to Korea both socially and nationally. Furthermore though Canada was fourth nation to make same sex marriage legal in 2005, this was not known widely in Korea. So, this study was intended to introduce Civil Marriage Act in Canada and contemplate issues on same sex marriage. Even though the legislative decision in Canada cannot be applied directly to Korean law system due to the differences in law and enforcement systems, the decisions of court and enacting processes can provide references. In this way, this study is intended to provide informations on repairing and applying law system in Korea through evaluations on enactment of Civil Marriage Act, progresses on judicial decisions in Canada and issues on same sex marriage as progresses on law theory were made.

목차

Ⅰ. 서론

Ⅱ. Civil Marriage Act의 성립 배경과 과정

Ⅲ. 캐나다 동성혼 제도의 검토

Ⅳ. 동성커플의 법률관계에 대한 우리나라의 법률적 환경

Ⅴ. 변화를 수용하는 가족관계법

Ⅵ. 결어

참고문헌

키워드

동성혼 동성커플 캐나다 가족법 캐나다 혼인법 혼인 가족관계 same sex marriage same sex couple Canadian Family Law Civil Marriage Act marriage family