‘졸혼(卒婚)’과 혼인제도 (A So-called ‘Jol-hon’ and the Marriage in Korea)

서지정보

· 발행기관 : 한국가족법학회
· 수록지 정보 : 가족법연구 / 32권 / 2호 / 161 ~ 190페이지
· 저자명 : 류일현

초록

There is a new term that has recently become popular in Korea, called Jol-hon. It was introduced as a meaning of ‘graduation from marriage’, having a different concept from divorce. Originally, this word was newly-coined in Japan, and was introduced to Korea since the middle of 2016. And then, It has become widely known with its use in entertainment TV shows, soap operas, documentaries, TV talk-shows and even newspaper articles. In Korea today, this new word is received as husband and wife’s effort to create a new relationship that is different from their previous life style. It's different from a divorce and a seperation because spouses are willing to stay married.
A Jol-hon is due to the intention of the spouses. On the other hand, a marriage has both contractual and institutional aspects. So, it is necessary to discuss whether a marriage can be changed or excluded by the intentions of husband and wife. Because some regulations concerning the effects of marriage, in particular, are said as compulsory provisions, the contents of spouses’ mutual consent can be a problem. From my point of view, the core content of the marriage system could be protected through moral and ethical standards.
There have been various views on the contents of its intentions, in a creation of the marriage relationship. In my personal opinion, we should consider a intent heading for a essential effect on the Korean Civil Code as a intention to marriage. Article 826 of Korean Civil Code is related to the essential effect of marriage, stipulating the obligation of cohabitation, mutual support and cooperation between spouses. Therefore, it is necessary to discuss the possibility of other forms of marriage from the contents of article 826. And, these kinds of discussions will increase as our society changes and citizens' values become diverse from now on.

영어초록

There is a new term that has recently become popular in Korea, called Jol-hon. It was introduced as a meaning of ‘graduation from marriage’, having a different concept from divorce. Originally, this word was newly-coined in Japan, and was introduced to Korea since the middle of 2016. And then, It has become widely known with its use in entertainment TV shows, soap operas, documentaries, TV talk-shows and even newspaper articles. In Korea today, this new word is received as husband and wife’s effort to create a new relationship that is different from their previous life style. It's different from a divorce and a seperation because spouses are willing to stay married.
A Jol-hon is due to the intention of the spouses. On the other hand, a marriage has both contractual and institutional aspects. So, it is necessary to discuss whether a marriage can be changed or excluded by the intentions of husband and wife. Because some regulations concerning the effects of marriage, in particular, are said as compulsory provisions, the contents of spouses’ mutual consent can be a problem. From my point of view, the core content of the marriage system could be protected through moral and ethical standards.
There have been various views on the contents of its intentions, in a creation of the marriage relationship. In my personal opinion, we should consider a intent heading for a essential effect on the Korean Civil Code as a intention to marriage. Article 826 of Korean Civil Code is related to the essential effect of marriage, stipulating the obligation of cohabitation, mutual support and cooperation between spouses. Therefore, it is necessary to discuss the possibility of other forms of marriage from the contents of article 826. And, these kinds of discussions will increase as our society changes and citizens' values become diverse from now on.

참고자료

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