양성평등과 대한민국 헌법

Abstract

The purpose of revising some constitutional clauses regarding to the equality of sexes must be to develop the Republic of Korea as a "sustainable society" through "the realization of de facto equality between women and men". The realization of the equality, therefore, must contribute ultimately to improving the level of public safety, freedom and happiness for the present and the future Koreans. The equality between women and men means an equal participation and treatment in all sphere of public and private life, more than just discrimination prohibition. It essentially pursues not formal equality but effective equality in various forms in each area. Therefore it is desirable to separately provide the provision declaring the general principle on the equality of sexes and many provisions that specifically embody it. The affirmative action that temporarily gives special consideration to women is required at the communities such as homes, workplaces and the public sectors. In particular, it is important to adequately provide provisions that allow the advantageous discrimination to women, and that further demand it under specific conditions. In relation to this, it is desirable to maintain the provision of special protection for female labor(§32④) and delete the provision for women's welfare and interests(§34③). When considering the constitutional value of marriage and family system, marriage must be defined by a combination of male and female.