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전통적 가족제도와 헌법 -최근의 헌법재판소 판례를 중심으로- : Traditional Institutions of Family Law and the Constitution
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 윤진수 | - |
dc.date.accessioned | 2009-09-29 | - |
dc.date.available | 2009-09-29 | - |
dc.date.issued | 2006 | - |
dc.identifier.citation | 법학, Vol.47 No.2, pp. 149-188 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/9962 | - |
dc.description.abstract | In February 3, 2005, the Korean Constitutional Court held that the
Constitutional Court of the Republic of Korea declared the hoju(meaning "Master of the Family") system, which conferred privileges upon each family's respective hoju, incompatible with the Constitution. And in December 22, 2005, the Court held that the former provision of the Korean Civil Code of the paternal surname principle, that is, the child should use the surname of the father, was incompatible with the Constitution. In these 2 decisions, the main point of controversy was whether the tradition can be a ground of a rule's constitutionality. The dissenting opinions of the said decisions tried to support the hoju system and the paternal surname principle on the ground that these were deeply rooted elements of Korean culture. In my opinion, tradition in and of itself does not bestow constitutionality on an otherwise unconstitutional law. But the majority opinions of the 2 decisions were not fully satisfactory in this respect. Especially, the December 22, 2005 decision took the tradition into account in fact by maintaining that the paternal surname principle was not unconstitutional by itself. But this attitude toward the tradition is inconsistent with the Court's own precedents. | - |
dc.description.sponsorship | 이 논문은 서울대학교 법학발전 재단 출연 법학연구소 기금의 2006학년도 학술연구비
의 지원을 받았음. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 부성주의 | - |
dc.subject | 호주제 | - |
dc.subject | Master of the Family System | - |
dc.subject | Incompatibility decisions | - |
dc.subject | Paternal Surname principle | - |
dc.subject | Constitution, Tradition | - |
dc.title | 전통적 가족제도와 헌법 -최근의 헌법재판소 판례를 중심으로- | - |
dc.title.alternative | Traditional Institutions of Family Law and the Constitution | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Yune, Jin Su | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 188 | - |
dc.citation.number | 2 | - |
dc.citation.pages | 149-188 | - |
dc.citation.startpage | 149 | - |
dc.citation.volume | 47 | - |
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