가족다양성 보장을 위한 법제 대응에 있어 쟁점 고찰: 다양한 파트너십과 공동체 관계의 제도화 이슈를 중심으로

Abstract

With the rate of marriage decreasing, the number of single-person households increasing, and the value of family changing, discussions on the necessity of modifying the existing system, which is based on the legal marriage and blood-oriented family system, are on the rise. Investigation into previous studies as well as policy and legislation trends uncovers those who are involved in this area well discussed the need of the institutional response and change of family diversity. It is believed that now is the time to talk in earnest the direction of institutionalization and the issues that have to be reviewed. Until now, policy and legislative trends have unfolded in very diverse and expansive manners, from the discussion of institutionalization of non-marital, non-legal partnership to more recently the talk about the institutionalization of diverse types of communal relationship. In particular, given that discussions that have been initiated on legislative talks in relation to the guarantee of non-marriage partnership expanded to those about the inclusion of various communities, it is time to think concretely about whether to put those growing discussions into one system and what frame to establish for proper future direction at the time of legislation. Yet, the problem of embracing various discussions from discourse to legislative theory into institutionalization is not simple. The legislative processes and social discussion in foreign countries and the starting point of domestic talks have centered on the expandability of marriage-oriented partnership and legally married people and the issues of institutionalizing non-marriage partnership. Considering that those legislative talks are still in progress in Korea, it is necessary to investigate in detail whether those conclusive talks about diverse communal relationship make hot-button issues more vague and difficult in the legislative discussion because of their alignment with the aforementioned discussions. Against this backdrop, this paper reviews the issues of institutionalization of various partnerships and communal relations and seeks the direction of legislation.