인적결합에 있어 사실혼과 연대적 결합체의 상관관계에 관한 고찰

Abstract

Currently, our society is showing the tendency of recognizing various forms of human bonding according to the rapid changes in various fields. With such changes, there is a tendency of considering the current concept of de facto marriage in the past form according to the definition of the ‘traditional de facto marriage’. As a result, by considering that the de facto marriage is included in the category of marriage, we have to think about whether it is possible to accept such changes related to the concept of de facto marriage. The current concept of de facto marriage, which is used in Korea, is based on the standard of realistic marriage life with the acceptance of the principle of legal marriage with typical conditions. Such a concept has been developed, since the people who are involved in the relationship are required to notify their relationship through the official government document in order to secure clarity and legal security for the marriage relationship. If such a concept for the de facto marriage is regarded as the ‘traditional de facto marriage’, the human bonding which is regarded as the so-called chronological bonding can be sometimes defined as the ‘modern de facto marriage’ with the expansion of the current concept of de facto marriage. Furthermore, the chronological bonding can be defined as either the heterosexual bonding which provides the actual marriage life without the intention of marriage or the homosexual bonding which provides the actual body but has not been systematically protected. In particular, the form of homosexual bonding is no longer a prohibited topic. It is currently considered for protection in regard to the human right, dignity and equality. People now think more about the right to decide their own genders and adoption as well as the freedom related to marriage and divorce. As a result, the chronological bonding can be regarded as the concept which is more complicated than the current concept of de facto marriage. Until now, we have understood and recognized that the de facto marriage is correlated with the legal marriage based on the standard of legal marriage for the human bonding in our society, because we have believed that the people involved in the de facto marriage have the intention of actively accomplishing legitimacy and legality for marriage and possessing the related benefit. However, it is necessary for us to think and refine deeply about the correlation between the chronological bonding and the legal marriage, because the legal form of the chronological bonding has been classified into the marriage bonding which is largely recognized as a complete form of marriage and the non-marriage bonding. Also, according to the characteristics of the above bonding, it seems that there is a correlation with the characteristics of the legal marriage or the de facto marriage in terms of similarities. It has been argued whether the consideration of the correlation between the de facto marriage and the non-marriage bonding can be interpreted either that the non-marriage bonding which is not included in the category of legal marriage can be regarded as the human bonding in an independent form, or that it can be regarded as a form of de facto marriage due to the obstacle related to marriage. Therefore, this paper focuses on the semantic aspect of the correlation between the de facto marriage and the chronological bonding based on the legal marriage in regard to the human bonding instead of finding a clear result for the above topic.