법률상 성차별 규정의 개정 방향 (The Amendment Direction of Gender Discrimination in Law)

서지정보

· 발행기관 : 한국외국어대학교 법학연구소
· 수록지 정보 : 외법논집 / 31호 / 341 ~ 373페이지
· 저자명 : 박종권

초록

Traditional law was studied on men’s sense of sight, but modern law has focused on sexual equality in every area. This paper aims to examine discrimination clauses on the ground of gender in current laws, and suggests amendment direction. Firstly, it makes clear the ‘standard discrimination’ through examining definitions and measurement of gender discrimination. Secondly, it proposes amendment direction by investigating gender discrimination, particularly in Family Law, Criminal law, welfare/labor-related law, and Affirmative Action.
The division of pension right does not take place immediately at the time of divorcement, but later at the time that each couple reaches the pensionable age(60years). Sometime this leads to the negative results that the pension-division right of the women will not to realized if the divorced spouse is disabled or dead on the course of coverage. To recognize the nature of the sexual crime, the objective of the rape need to extend from the woman to the men. So by the same lessen, simply a wife is also to be the objective of the rape, to considerate the relationship of husband and wife. The great reason a sexual crime to be a victim's complaint is a victim's honor and privacy. According to the result the masculine government employee think the feminine government employees has the professionalism in public organization and participating they endeavor devotedly to perform organizational aim.
Results show that gender discrimination in the law is involved with assumption that women are the minority in both private and social areas, based on traditional gender division. Such discrimination stems from the perception that women are different from men. Except for biological abilities in women, the protection, which is applied only for women due to social and cultural norms, could enable gender inequality to be fixed. Therefore, the priority of women compared to men should be restricted to biological ability relating to pregnancy and childbirth. To realize gender equality, structural inequality should be eliminated and the definition of equality should be changed.

영어초록

Traditional law was studied on men’s sense of sight, but modern law has focused on sexual equality in every area. This paper aims to examine discrimination clauses on the ground of gender in current laws, and suggests amendment direction. Firstly, it makes clear the ‘standard discrimination’ through examining definitions and measurement of gender discrimination. Secondly, it proposes amendment direction by investigating gender discrimination, particularly in Family Law, Criminal law, welfare/labor-related law, and Affirmative Action.
The division of pension right does not take place immediately at the time of divorcement, but later at the time that each couple reaches the pensionable age(60years). Sometime this leads to the negative results that the pension-division right of the women will not to realized if the divorced spouse is disabled or dead on the course of coverage. To recognize the nature of the sexual crime, the objective of the rape need to extend from the woman to the men. So by the same lessen, simply a wife is also to be the objective of the rape, to considerate the relationship of husband and wife. The great reason a sexual crime to be a victim's complaint is a victim's honor and privacy. According to the result the masculine government employee think the feminine government employees has the professionalism in public organization and participating they endeavor devotedly to perform organizational aim.
Results show that gender discrimination in the law is involved with assumption that women are the minority in both private and social areas, based on traditional gender division. Such discrimination stems from the perception that women are different from men. Except for biological abilities in women, the protection, which is applied only for women due to social and cultural norms, could enable gender inequality to be fixed. Therefore, the priority of women compared to men should be restricted to biological ability relating to pregnancy and childbirth. To realize gender equality, structural inequality should be eliminated and the definition of equality should be changed.

참고자료

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