Gender Equality and the Matrimonial Property System under the Family Law in Korea

Abstract

Article 36 of the Korean Constitution stipulates that marriage and family life should be entered into and sustained on the basis of individual dignity and gender equality. It is important, however, to

consider how this constitutional idea is truly implemented within family law. Issues examined here relate to the matrimonial property system under the Korean family law from a viewpoint of gender equality in order to provide an insight into the way in which matrimonial property is divided. This paper goes on to suggest recommendations for improving the current matrimonial property system. The suggestionss are laid out in light of the matrimonial property contract system, statutory property system, property distribution claim, and other matters. The author argues, among others, for the

introduction of an optional matrimonial property contract system, a type of statutory property system allowing couples to retain freedom concerning their own property and guaranteeing joint possession of the matrimonial property, a readjustment of the distribution ratio of the property to one half of the total property in case of divorce.