건강가정기본법 개정논의에 대한 헌법적 고찰

Abstract

The amendment to the ‘Framework Act on Healthy Families’ aims to expand the state's support for families as a countermeasure against an aging population. This amendment is problematic because it is limited to the deletion of the concept of family and the deletion of the family dissolution prevention regulations without adding details. Due to the deletion of the concept of family, this amendment has been criticized for radical feminism and recognition of same-sex marriage. This amendment also conflicts with the family system provisions of the Constitution, which stipulates gender equality, and violates legalism because it does not include the concept of family. This amendment removes the concept of family and expands the concept of family infinitely. In particular, this amendment is pointed out as a problem because it equates same-sex marriage and common-law marriage with legal marriage. According to our current legal system, same-sex marriage is considered a violation of the Constitution and Civil Law. The court also believes that same-sex marriage cannot be deduced as a fundamental right through judgment. Also, in the case of unmarried women, the assumption of childbirth through assisted reproductive technology is against the current legal system. It is inconsistent with the current legal system to include same-sex marriage and non-marriage in the concept of family. ‘The Framework Act on Healthy Family’ has been changed to fit modern life through many revisions historically. This law stipulates protection for single-parent families and multicultural families. Even de facto marriages are sufficiently protected through court decisions. Therefore, this amendment is unnecessary and inappropriate because it is incompatible with the current legal system.