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).
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