사회통합을 위한 성소수자 보호 -독일법상 동성혼 보호를 중심으로 -

Abstract

Every year, there is friction with opposing groups at the Queer Culture Festival. Recently, the Supreme Court of Korea recognized the eligibility of same-sex spouses as dependents for health insurance. It is also positive that the understanding and perception of same-sex marriage are gradually changing socially. However, starting with the Netherlands in 2001, the number of countries that have legalized same-sex marriage has already reached 39. In this regard, it can be said that the acceptance of sexual minorities and the legalization of same-sex marriage in Korea is only a matter of time. There is also a view that same-sex marriage can be recognized even under the current law, but this position is an unacceptable over-interpretation. Therefore, it is desirable to establish a clear basis through legal revision. First, the provisions of the Military Criminal Act that punish homosexuality should be abolished. It is reasonable for the Supreme Court to limit the scope of application of Article 92-6 of the Military Criminal Act. Next, enacting Act on Registered Life Partnerships that grants same-sex couples legal effects similar to marriage could be one way to match the pace of social change in perception. In a German society with deep-rooted Christian values, the process of legalizing same-sex marriage can be said to be the result of overcoming many difficulties over a long period of time. It is difficult to overcome prejudice and opposition against sexual minorities in a short period of time, so the Act on Registered Life Partnerships was enacted as an interim measure. In 2017, the Marriage Reform Act was enacted to legalize same-sex marriage. This process is also possible only with positive interaction between the National Assembly and the courts. However, in terms of democratic legitimacy, it is not desirable in terms of legal policy to bring about fundamental changes to the marriage system without the support of the majority of the people. Therefore, it is most important for our society, which is stricter on sexual minorities than other socially disadvantaged groups, to have an inclusive attitude and interest in each individual in order to solve the problem. Sexual minorities are caused by differences in sexual orientation. Therefore, rather than treating them as objects of pros and cons, it is necessary to approach them from the perspective of inclusion for the protection of human rights for the socially disadvantaged and for social integration.