[사회문제]호주제도의 폐지에 대하여(논문)

목차

Ⅰ. 문제제기
Ⅱ. 호주제도는 우리의 전통인가
1. 존ㆍ폐론의 입장
2. 우리 역사 속의 호주제도
3. 결론
Ⅲ. 호주제도의 법적인 문제점
1. 헌법의 개인의 존엄 및 양성평등 위반
2. 민법상 가족제도에 가부장성 및 남성우위성의 기초 제공
3. 여성관련법률과의 모순적인 연계
4. 1990년 민법 개정으로 호주제도의 유명무실화
Ⅳ. 호주제도의 피해 및 국민의 의식
1. 호주제도의 피해사례
2. 호주제도에 대한 국민의 의식
Ⅴ. 호주제도 폐지의 대안
Ⅵ. 결론

본문내용

detrimental to the development of democratic families in which every member should be treated as an equal human being. Third, the Constitution amended in 1987 includes Article 36, which is designed to promote equal rights between men and women within the family. This is done to incorporate changes in Korea's legal status caused by Korea's accession to the 1984 UN Convention on the Elimination of all Forms of Discrimination against Women into our legal system, and subsequently, new legislations to this effect were introduced. Since the 1990s, the numerous new legislations related to women's rights have been made, or previous ones amended to better achieve the equality between men and women, but the family-head system under the Civil Code remains untouched, in obvious contradiction to the aforesaid legislations. Fourth, Korea is now left to be the only country still maintains the family-head system, as it has long been abolished elsewhere in the world.
Chapter IV examines the harmful consequences of the family-head system and the general public's views about it. First, even if a divorced mother is awarded with the custody of the children, they are not eligible for the benefits of their mother's medical insurance because they remain registered in their father's family registry. Second, the Civil Code provides that male descendents have priority over their female counterparts in the succession to the head of the family, thus encouraging abortion of female babies. Also studied was the change of the views of the general public. According to a survey conducted in 1957, 72.4% of people polled replied in favor of the family-head system, whereas the recent poll in November 1999 shows the majority of Koreans now support abolition of the same system.
Chapter V suggests possible alternatives in place of the family-head system in case of abolition thereof, i. e. family registry subject to the residency of its members ; individualized registry and; revision and amendment to the current National Identification Card system.
In Chapter VI, it is concluded that the family-head system in the Civil Code, which never existed before Japanese colonization, was forcefully transplanted to facilitate their colonial rule. For the reference, the movement to rule out the family-head system on the ground of its unconstitutionality has taken a big step forward as 15 women claiming damages from the system filed complaint to the Seoul Family Court on November 28 2000.
The law, like the sun, should equally shine upon everything on earth as an ultimate tool for justice. Therefore, if the law is to be applied favorably to some while unfavorably to others, it cannot be the tool to achieve justice. The family-head system should be abolished as it institutes discrimination against women and male supremacy through legal means, thus violating the rights of the people who suffer injustice due to the system.
Key word: family head system, equal rights, divorced mother, family registry

키워드

호주제,   폐지,   .,   .,   .,   .