concerned that since the law focuses on support for ‘healthy families,’ it cannot accept changes in social perception of families,486) and may cause discrimination by identifying the opposing concept of ‘unhealthy families.’487) On the other hand, discrimination and expand support for unmarried cohabitants, elderly couples, foster families, etc. can be prevented by revising individual laws and systems. Moreover, some raise concerns over changing the definition of family for a potential of being used as a way to abuse of the system for support and benefits or tax evasion, the difficulties in establishing a registration system to recognize people outside the boundaries of existing laws, such as unmarried cohabitation, as legal family members, and that it may lead to accelerated avoidance of marriage, a deepening declining birth rate, and a decline in marital commitment.488) On the other hand, when looking only at the text of the Act and the proposed amendment, the debate for and against the amended Act seems to be deeply related to the legalization of same-sex marriage.489) Whether to include same-sex marriage in ‘marriage’ among the definitions of family under the Act is more closely related to the Civil Act and the Constitution or the interpretation of the Constitution.490) However, those who advocate the legalization of same-sex marriage believe that the concept of family should be broadened through the revision of the same-sex marriage law, while those who oppose the legalization of same-sex marriage recognize the amendment of the Act as a step before legalizing the same-sex marriage. 485) Among the amendments to the Act, some include the deleting the definition of the concept of family, but the members of the National Assembly who initiated the bill also said that it is not trying to recognize same-sex marriage. 486) According to the 4th Family Survey by the Ministry of Gender Equality and Family in 2020, acceptance of various lifestyles of families, such as unmarried single, non-married cohabitation, and childless, has increased overall compared to 15 years ago, and the ‘2020 National Perception on Family Diversity Survey,’ the ratio of recognizing a relationship that shares housing and livelihood as a family (68.5%), and the opinion that a relationship that lives together and shares a livelihood can be a family even if it is not a legal marriage or blood relationship (68.5%) were high. 487) NHRCK, Decided on Oct. 10, 2005, Recommendation on the Framework Act on Healthy Families. 488) Legal Times, Must be Careful on Amending the Law to Change the Definition of Family, May 4, 2021. 489) The Common view is that in order to legally recognize same-sex marriage, it is not enough to amend the Framework Act on Healthy Families, and that related laws such as the ‘Civil Act’ need to be amended, as well as changing the precedents of the Constitutional Court. 490) The Constitutional Court has ruled that “marriage is the establishment of a living community through the agreement of free will as individuals of equal and dignified gender” (Constitutional Court, Decided on Aug. 28, 2014, 2013HunBa119), that “there is no change in that marriage is a mental and physical union of one man and one woman,” and that “marriage is fundamentally the union of a man and a woman on the basis of affection and trust” (Constitutional Court, Decided on Jul. 16, 1997, 95HunGa6, Constitutional Court, Decided on Nov. 24, 2011, 2009HunGa146). 201

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