다문화가족의 혼인에 관한 헌법적 보호

Abstract

As international marriage has increased rapidly in Korea, multicultural family also has increased radically. Therefore, it is necessary to settle down the suffering of multicultural family and improve its quality of life. It seems to be meaningful to protect multicultural family and maintain its equal family life from the aspect of laying the foundation of realizing a cultural state. In addition, the constitutional right of marriage and family life is a principle norm which must be equally realized in multicultural family. The current nature of multicultural family reflects domestic gender relations. The conventional patriarchal system is enforced on domestic multicultural family as well and it makes the equality of marriage and family life difficult to be realized. And due to the inequality in the relationship of marriage formation, the problem of female marriage immigrants' human right is severe for the present. Therefore, it is necessary to overcome the patriarchal multiculturalism which is currently come to the fore as a new problem of multicultural family, and form a gender equality-oriented multicultural family from gender perspectives. In particular, it is urgent to provide legal values to multicultural family in order to realize the protection of the marriage of multicultural family. Recently, the law that is related to the management of matchmaking business has been revised partly, but the provision of punishment that is related to providing personal information is still insufficient and therefore the effective enforcement of law is not realized so far. So, the problem of matchmaking business entities has occurred endlessly and become a sample of human right violation. Therefore, it is necessary to reconsider the problem of matchmaking business from gender perspectives and guarantee female immigrants' right to live and right of gender self-determination. Regarding the multicultural family support law, its scope of beneficiaries is very narrow and its provision is excessively arbitrary, thus guaranteeing no practical legal effectiveness. On account of this, female marriage immigrants cannot have the right to request the practical support and protection of such universal right as the right of health and reproduction. Domestic Constitutional Court has clarified the fact that foreigners must be the subject of pursuing the dignity, value and happiness of human beings. In this regard, the well-being of all the people who live in Korea must be guaranteed. If so, the settlement of problem of human right infringement of female marriage immigrants who come to Korea to marry cannot be neglected, in particular. Regarding the issue whether female marriage immigrants are family members or not before they acquired nationality, they must be provided with appropriate status in order for their human right to be protected. The discrimination by the difference of race, religion and nation must not be allowed any more. It is also necessary to realize multiculturalism in domestic society as a principle of harmony and coexistence.