헌법상 성평등의 현대적 이해와 실현방향

Abstract

Gender equality is a fundamental understanding of the conditions essential tocomplete gender equality. Gender Inequality In order to solve the fundamentalproblem of reality and to realize gender equality, the gender perspective in theconstitutional equality discourse should be reflected and evaluated in legislative andnormative interpretation. The purpose of this study is to examine the past legislationactualizing the orders of ‘gender equality’ norms in the Constitution and thetendencies of interpretation on laws and figure out problems internalized in them. Also, this researcher aims to look into the meaning of ‘gender equality’ norms,reexamine its concrete realization in connection to the other principles or norms orvalues found in the Constitution, and discuss the directivity of it. 1. From the point that the ideal of the Constitution is to guarantee all humans’fundamental rights associated with human dignity, realization of value, freedom, orequality, we can make sure of the conceptual categories and indexes of genderequality norms. The pursuit of power inequality correction according to sexdifferences of ‘all individuals’ should be guaranteed by constitution, and specificgroups should not be excluded. 2. Concerning interpretation on the norms of equality, it is absolutely important tounderstand the sameness and difference and also the gap between legal equality andsubstantial equality. To narrow the gap, it is necessary to understand women who arethe objects of inequality in their viewpoint. In fact, it is practically impossible tohave a gender-neutral perspective, and it may even deepen or conceal the aspects ofgender inequality. Meanwhile, if we try to look at how the provisions of the Constitution and related laws have been established previously as a way of realizing substantial equality, wecan find there are underlying male-dominant nationalism, protectionism, patriarchaltradition, culture, and custom, myth about strong maternal instinct, and ideology fornormal family completed with children. We can point out that the realization ofgender equality norms has been fixed and promoted within the frame actually. Regarding such ideologies mingled within the ideas of equality, we should justify ifthe current Constitution does really correspond to the other values we pursue. Moreover, unless it conforms to the realization of freedom and equality of thesubjects in the Constitution fundamentally, the directivity must be reestablished. 3. In realizing gender equality, the government’s roles and interventions arecrucial. It can be completed only when it is sought and practiced in close relationswith other principles of the Constitution, for instance, constitutionalism, social/nationalprinciples, or democracy. Particularly, it is more important than anything else toguarantee the right of the subjects of inequality to participate in politics and havetheir own voice, which means democracy is inseparable from gender equality.