민사법에서의 Gender
분야
사회과학 > 법학
저자
이은영 ( Eun Young Lee )
발행기관
이화여자대학교 법학연구소
간행물정보
법학논집 2001년, 제6권 제1호, 407~426페이지(총20페이지)
파일형식
2b600326.pdf [무료 PDF 뷰어 다운로드]
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    The purpose of family law is not to reflect customs in the society, but to change the society into achievement of sexual equality. From this perspective, Korean family law still has many problems. Current civil law is the result of negotiation for economic benefits and is based on an unequal family system. Some conservative scholars consider a system which man is center of home to be beautiful Korean customs and dissent a modification to make a more equal family system. Korean family law is formed based on the man-center- system. As a result, children must follow fathers last name and wives are subject to husbands. Feminists are trying to abolish such a family system, but they cannot find an alternative family system. Feminists contention is persuasive to the extent that various kinds of family systems should be permitted. However, to realize such an idea, more studies are needed. Therefore, it is reasonable to shrink the role of family law now until an alternative system is found. To realize sexual equality, legal professionals such as judges, lawyers, prosecutors, law professors must be feminists. When legal professionals understand that inequality of women originates not from biological sex, but from social gender, equal protection can be accomplished. Regardless of equality by law, if legal practitioners still have a traditional role model for women and apply law considering just real differences between men and women, sexual inequality will remain. As to law, equality in the real world is more important than an abstract theory. In these days, young women become conservative. Especially, this tendency is stronger among young legal practitioners. It may be inevitable for the generation enjoying the result of feminism movements not to think sexual inequality seriously. I worry that women rely on their capabilities too much resulting in narcissism. More efforts are needed to develop established abstract equality. Still we can find inequality in various places. It is a duty of young female legal professionals to correct such wrong customs.
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