한국에서의 호모사케르: 동성혼 (Homo Sacer in Korea: Same - Sex Marriage -Is Same- Sex Marriage in Korea The elephant in the room?)

서지정보

· 발행기관 : 원광대학교 법학연구소
· 수록지 정보 : 원광법학 / 26권 / 2호 / 109 ~ 148페이지
· 저자명 : 서종희

초록

Generally speaking, Same-Sex Marriage in Korea cannot be admitted as legal marriage under the Korean Constitution in that marriage should be union between a man and a woman according to the Korean Constitution article 36 section 1 and several decisions of the Korean Constitution Court.
However, in the 21st century, it has become popular to describe marriages as either traditional or non-traditional. Traditional marriage has been conservatively described as being a life-long legal union between one man and one woman for the support of family and presumably offspring.
With the respect of human rights and the widespread acceptance of Birth control(ex, IVF, Surrogate mother), the definition of traditional marriage has become less narrowly defined as a legal bond "between a man and a woman". Non-traditional marriage assumes a conjugal relationship other than that assumed in the traditional definition, and most commonly refers to Same-sex marriage.
Same-sex marriage(also called gay marriage) is a legally or socially recognized marriage between two persons of the same biological sex or social gender. Same-sex marriage is a civil rights, political, social, moral,and religious issue in many nations. The conflict arises over whether same-sex couples should be allowed to enter into marriage, be required to use a different status (such as a civil union, which usually grants fewer rights), or not have any such rights. A related issue is whether the term "marriage" should be applied. The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and a variety of other issues.
Support for same-sex marriage is often based upon what is regarded as a universal human rights issue, mental and physical health concerns, equality before the law, and the goal of normalizing LGBT relationships. Opposition to same-sex marriage arises from a rejection of the use of the word "marriage" as applied to same-sex couples or objections about the legal and social status of marriage itself being applied under any terminology. Other stated reasons include direct and indirect social consequences of same-sex marriages, parenting concerns, religious grounds, and tradition. Supporters of same-sex marriage often attribute opposition to it as coming from homophobia or heterosexism and liken prohibitions on same-sex marriage to past prohibitions on interracial marriage.
In my opinion, same-sex marriages take the view that the government should have no role in regulating personal relationships, while others argue that same-sex marriages would provide social benefits to same-sex couples.
Because there is no evidence that society needs to maintain "marriage as an exclusively heterosexual institution", and, further, that same-sex unions can "contribute to stable and humane societies." Also, there is no scientific basis for distinguishing between same-sex couples and heterosexual couples with respect to the legal rights, obligations, benefits, and burdens conferred by civil marriage. Though opponents to same-sex marriage argue that same-sex marriage harms the family structure of society, and that same-sex marriages deprive children of either a mother or a father, I think that lesbian and gay parents do not differ from heterosexuals in their parenting skills, and their children do not show any deficits compared to children raised by heterosexual parents. If their parents are allowed to marry, the children of same-sex couples will benefit not only from the legal stability and other familial benefits that marriage provides, but also from elimination of state-sponsored stigmatization of their families.
I argue against the position that same-sex marriage would be required to use a different status (such as a civil union, which usually grants fewer rights), or not have any such rights and describe the prohibition of same-sex marriage as devaluing the korean principle of equal treatment and the content of the right sexual autonomy that comes from the human dignity and the pursuit of happiness.
Same-Sex Marriage in Korea must not be the elephant in the room.
Same-Sex Marriage should be protected by legislation. Through the protection, Same-Sex Marriage in Korea would be get out of the category of 'homo sacer'. The scope of protection is entirely up to the discretion of the legislature based on ASSMS(Assessing Attitude Toward Same - Sex Marriage Scale).

영어초록

Generally speaking, Same-Sex Marriage in Korea cannot be admitted as legal marriage under the Korean Constitution in that marriage should be union between a man and a woman according to the Korean Constitution article 36 section 1 and several decisions of the Korean Constitution Court.
However, in the 21st century, it has become popular to describe marriages as either traditional or non-traditional. Traditional marriage has been conservatively described as being a life-long legal union between one man and one woman for the support of family and presumably offspring.
With the respect of human rights and the widespread acceptance of Birth control(ex, IVF, Surrogate mother), the definition of traditional marriage has become less narrowly defined as a legal bond "between a man and a woman". Non-traditional marriage assumes a conjugal relationship other than that assumed in the traditional definition, and most commonly refers to Same-sex marriage.
Same-sex marriage(also called gay marriage) is a legally or socially recognized marriage between two persons of the same biological sex or social gender. Same-sex marriage is a civil rights, political, social, moral,and religious issue in many nations. The conflict arises over whether same-sex couples should be allowed to enter into marriage, be required to use a different status (such as a civil union, which usually grants fewer rights), or not have any such rights. A related issue is whether the term "marriage" should be applied. The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and a variety of other issues.
Support for same-sex marriage is often based upon what is regarded as a universal human rights issue, mental and physical health concerns, equality before the law, and the goal of normalizing LGBT relationships. Opposition to same-sex marriage arises from a rejection of the use of the word "marriage" as applied to same-sex couples or objections about the legal and social status of marriage itself being applied under any terminology. Other stated reasons include direct and indirect social consequences of same-sex marriages, parenting concerns, religious grounds, and tradition. Supporters of same-sex marriage often attribute opposition to it as coming from homophobia or heterosexism and liken prohibitions on same-sex marriage to past prohibitions on interracial marriage.
In my opinion, same-sex marriages take the view that the government should have no role in regulating personal relationships, while others argue that same-sex marriages would provide social benefits to same-sex couples.
Because there is no evidence that society needs to maintain "marriage as an exclusively heterosexual institution", and, further, that same-sex unions can "contribute to stable and humane societies." Also, there is no scientific basis for distinguishing between same-sex couples and heterosexual couples with respect to the legal rights, obligations, benefits, and burdens conferred by civil marriage. Though opponents to same-sex marriage argue that same-sex marriage harms the family structure of society, and that same-sex marriages deprive children of either a mother or a father, I think that lesbian and gay parents do not differ from heterosexuals in their parenting skills, and their children do not show any deficits compared to children raised by heterosexual parents. If their parents are allowed to marry, the children of same-sex couples will benefit not only from the legal stability and other familial benefits that marriage provides, but also from elimination of state-sponsored stigmatization of their families.
I argue against the position that same-sex marriage would be required to use a different status (such as a civil union, which usually grants fewer rights), or not have any such rights and describe the prohibition of same-sex marriage as devaluing the korean principle of equal treatment and the content of the right sexual autonomy that comes from the human dignity and the pursuit of happiness.
Same-Sex Marriage in Korea must not be the elephant in the room.
Same-Sex Marriage should be protected by legislation. Through the protection, Same-Sex Marriage in Korea would be get out of the category of 'homo sacer'. The scope of protection is entirely up to the discretion of the legislature based on ASSMS(Assessing Attitude Toward Same - Sex Marriage Scale).

참고자료

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