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여성차별철폐협약과 한국가족법
International Legal Order and Domestic Law ; Convention on the Elimination of All Forms of Discrimination against Women and the Korean Family Law

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Authors
윤진수
Issue Date
2005
Publisher
서울대학교 법학연구소
Citation
법학, Vol.46 No.3, pp. 76-107
Keywords
여성차별철폐협약호주제에 대한 헌법불합치결정법적인 구속력혼인과 가족관계
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...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

https://hdl.handle.net/10371/9909
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 46, Number 1/4 (2005)
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