지난세기 남북한국적법에서의 남녀평등에 관한 고찰

Abstract

After the World War Ⅱ, with the announcement of the Universal Declaration of Human Rights, many declarations and agreements started to put up with the problems of abolishing discrimination against women, women’s human rights has begun to receive the attention from international community. However, the differences of gender equality would be found when reviewing legislated North and South Korea’s Nationality Law in the Last Century. This thesis made a review and comparison of gender equality of North Korea and South Korea’s Nationality Law in the Last Century. On the question of acquiring nationality by birth, North Korea’s Nationality Law adopted parents jus sanguinis principle. South Korea’s Nationality law adopted principle of patrilineal descent. Due to the patrilineal descent of Confucian ideas against South Korea’s women’s Nationality rights, South Korea’s Nationality Law that violated the equality rights in the Constitution was criticized. It came into conflict with the UN’s “Convention on the Elimination of All Forms of Discrimination against Women” in 1980, and lost the conviction. Relatively speaking, North Korea’s Nationality Law never conflicted with the convention. Then come to a conclusion: the base of North Korea’s Nationality Law is parents jus sanguinis principle, and South Korea’s Nationality law’s base is patrilineal descent principle. In short, Nationality Law was legislated in South Korea in1948. South Korea accede to the UN’s “Convention on the Elimination of All Forms of Discrimination against Women” in 1984. But, South Korea adopted parents jus sanguinis principle until 1997. Though South Korea advocated democracy and the rule, and legislated and amended law relatively quick, adopting patrilineal descent principle and exercising inequality principle on gender for nearly half a century left regrets on its history. But, it made an important significance on upholding the equality rights in the Constitution and gender. However, there are some important significant amendments of SouthKorea’s Nationality Law on the exercising of equality principle and gender equality of the Constitution.