건강가정기본법 개정안에 대한 입법평가

Abstract

The "Framework Act on Healthy Families" aims to "contribute to the implementation of healthy families." However, there are attempts to radically change this in the 21st National Assembly. The main grounds for the revision of the Act are the arguments that the concept of family should be changed and the concept of home should be deleted in order to support the various living communities in the blind spot and eliminate the discrimination against them. But these claims are not true. The revised bills deliberately remove the definition of family, which will lead to the redefinition of it in the executive legislations or the other act(s). Otherwise, the definition of family will be confirmed by the interpretation of the courts and the scholars. Removing the concept of family results in the denial of family order in civil law and also the confusion of norms. In addition, the bills regard "healthy family" as an ideology and intentionally exclude it so that the social functioning of the home might be undermined. As a result, the bills do not have "healthy families", but only democratic and equal "diverse families". The amendment would make effectively a kind of anti-discrimination law that forbids any discrimination on the grounds of family forms. Some provisions of the bills may be the legal basis for claiming that same-sex partnership (civil union) and same-sex marriage should be effectively permitted. This amendment is a very tricky attempt that leads to the legalization of civil union and same-sex marriage through the interpretations of the government and of the judiciary.