according to the resolution of the NHRCK,481) and some criticized the change in the position
of the Ministry regarding the revision of the law.482) There were some claiming that the
resolution of the NHRCK is disbanding families and destroying the marriage system.483)
B) Debate on Legal Concept and Scope of the Family
Legal recognition of families is related to establishing the rights and obligations.484)
Inheritance, pension benefits, right to claim property division, and status as a medical
guardian vary depending on whether the person is recognized as a family member, and
according to Korea’s welfare system, which is usually designed on the basis of a family, the
being subjected to the rights and support in various areas, such as health insurance
dependents, housing welfare, and residence permit, is affected. For example, the targets of
childcare leave, maternity leave, and parental leave stipulated in the ‘Equal Employment
Opportunity and Work-Family Balance Assistance Act’ is based on the concept of a legal
family.
The legal scope of family is basically determined by the ‘Civil Act’ and the ‘Act on
Registration of Family Relations.’ Moreover, there are cases where individual laws related
to the welfare system have separate regulations depending on the purpose of the law.
Therefore, even if the concepts of ‘family’ and ‘household’ in the Framework Act on
Healthy Families are amended, the scope of legal recognition as a family may not change
immediately. Nevertheless, the concepts of “family” and “healthy family” under the
Framework Act have been controversial since its enactment in 2005, and as a result, the
opinions on the need for revision are divided, and the discussion is also related to the
controversy over the legalization of same-sex marriages.
First of all, there are views that raise opinions on the law, separate from the issue of
legalizing the same-sex marriages.485) Those who argue that the law needs to be revised are
481) Commentary by the Network for Guaranteeing LGBTI People’s Right to Establish a Family, Apr. 13, 2022.
482) Basic Income Party, Rep. Yong, Hye-in, Press Conference Calling for Amendment of the Framework Act on
Healthy Families, Sep. 29, 2022.
483) State by National Coalition Against Homosexuality and Same-Sex Marriage, Aug. 26, 2022.
484) According to the Family Rights Research Institute (2021), as of 2019, about 240 of the 240 laws (out of a total of
about 1,400 laws that are meaningfully mentioned), approx. 24%, individually define the family scope according to
the purpose of the law, and 23 % applies mutatis mutandis to the scope of family used in the ‘Civil Act’ and the ‘Act
on Registration of Family Relations.’
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