여성차별철폐협약과 한국가족법

Abstract

Korea became the state party of the Convention on the Elimination of All

Forms of Discrimination against Women on 12. 27. 1984. Since then, there have

been major changes of the Korean Law. This paper describes the influence of

the Convention on the Korean Family Law.

The first part of the paper gives an overview of the Convention. In particular,

the problem, whether the Convention is an self-executing treaty or not, is

addressed. In my opinion, this should be answered in the affirmative.

The second part deals with the relation between the change of the Korean

Family Law and the Convention.

1. The Korean Family and Inheritance Law was amended in 1990, abolishing

major discriminatory provisions against women. Consequently, Korea withdrew

the reservation of the Article 16 para. 1 (c), (d), (f) of the Convention.

2. The Korean Nationality Act was amended in 1997 in order to treat men

and women equally in getting the nationality of Korea. The main thrust of the

reform was to make the Act conform to the Convention. Consequently, Korea

withdrew the reservation of the Article 9.

3. The Korean International Private Law was reformed in 2001. As a result,

the former husband-oriented provisions regarding the governing law were made

gender-neutral.

4. On February 3. 2005. the Korean Constitutional Court declared the master...