S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 46, Number 1/4 (2005)
International Legal Order and Domestic Law ; Convention on the Elimination of All Forms of Discrimination against Women and the Korean Family Law
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.46 No.3, pp. 76-107
- 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
4. On February 3. 2005. the Korean Constitutional Court declared the master...