C) Perceptions and the Role of the State Required to Protect Families in Korean
Society
Article 36(1) of the Constitution stipulates that “marriage and family life shall be entered
into and sustained on the basis of individual dignity and equality of the sexes, and the State
shall do everything in its power to achieve this goal.” Today, it is understood that the
provision of family life is based on the fact that the dignity and equality of individuals are the
conditions for its establishment and existence, and if serious violations occur in family life,
it may be fundamentally difficult to maintain family life.
Therefore, it is not appropriate to view the disappearance of the traditional nuclear family
of four as family dissolution, or to view that divorce, non-marriage, single-parent families,
and grandparents' families are abnormal families in contrast to normal families, or that such
family types should be prevented from appearing. Rather, the state has a duty to make
policies and normative efforts to improve prejudice, legal and institutional discrimination,
and welfare blind spots that view these diverse types of families, such as divorce,
non-marriage, single-parent families, and grandparents’ families, as abnormal.
Various surveys indicate that the public’s perception of family diversity is changing to an
accepting one, and the actual household types are also diversifying. This pattern seems to be
due to a respect for various ways of life and strengthened protection of individual choices,
and similar patterns are observed around the world, as well. Although family policies should
reflect the actual family lives, some provisions and concepts of the Framework Act on
Healthy Families do not conform to the social and cognitive changes and may cause negative
effects; therefore, an amendment is needed. In current Korean society, it is inappropriate to
use the expression ‘healthy family’ as a legal term, and it is desirable to revise the definition
of the family to include ‘close relationships,’ even if they are not blood-relatives.
On the other hand, legal protection of same-sex marriage may be a somewhat separate
issue from the amendment of the Act, but it requires forward-looking consideration.
Everyone is born free, and equal in dignity and in rights. People of different sexual
orientations or gender identities are entitled to the full enjoyment of all human rights. As of
2022, same-sex marriage is recognized in 33 countries, including Taiwan, since it was first
recognized in the Netherlands in April 2001. It is necessary to establish a protective system
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