S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law Journal of Korean Law Volume 05 Number 1/2 (2005)
Tradition and the Constitution in the Context of the Korean Family Law
- Yune, Jinsu
- Issue Date
- BK 21 law
- Journal of Korean Law, Vol.5 No.1, pp. 194-212
- Reform of Korean family law was marked by struggles between the constitutional principles and tradition. The movement to conform family law to the Constitution was retarded by the resistance of conservative groups, whose main argument was that family law ought to be rooted in tradition. But tradition alone cannot be a defense for an otherwise unconstitutional law. In the reform process, the Korean Constitutional Court played a significant role in upholding the primacy of the Constitution, as evident in the decisions regarding the common surname marriage ban and the hoju system.
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