민법에서 성 평등 실현 역사와 남겨진 과제

Abstract

How much gender equality was realized in the area of the civil law family law, which has been in effect for 63 years, was classified into each living area of the family law. Regarding the marriage system, gender equality was realized in the area of marriage age and prohibition of marriage, and women's human rights were enhanced by jointly paying living costs in the area of maintaining marriage life, and unidentified property was presumed to be shared property. At the end of the marriage, the right to claim property division, which was not recognized in the enacted Civil Act, was recognized, and the right to revoke creditors to preserve the right to claim property division was also recognized. The right to children was jointly exercised, and in case of divorce, women also had custody rights. If you can't raise them, you may have the right to negotiate an interview. The inheritance and inheritance rankings, which were discriminated against because they were women, were also organized into the same inheritance and inheritance rankings as male spouses. Gender equality was realized through the Supreme Court's ruling as well as the realization of gender equality through the revision of civil law. The Supreme Court recognized the natural status of women as members of the clan and declared the rules and procedures of the clan, excluding women, invalid. It was judged that the standard for the children of the clan members to become the clan members is naturally attributed to the family members of the family if they follow the mock family name and the family members of the family. In addition, recently Until now, the custom that only men were considered to be in the position of the presiding officer of the ancestral rites was considered a violation of the principle of equality, and it was ruled that, if there was no agreement between the joint heirs, the most recent relative, male or female, should be the presiding person of the ancestral rites. Gender equality has been realized in a considerable number of areas, but problems remain that are not equal in the status of women who are still socially factual weak. It's our task.