(Paragraph 60)” in the concluding observations on the fourth state party’s report
of Korea on October 6th, 2017. The Government shall review the provisions
criminally punishing women who had an abortion. In addition, it also needs to
come up with more realistic measures to restore women’s dignity based on a
broader concept of the right to reproduction which includes not only pregnancy
and childbirth but also contraception and abortion as well as guarantee the
harmony of the right to health and the right to life.
[12] Reserve Clause: Improvement in the Rule of Following Father’s Surname (List of
Issues 2)
59. Article 781 (1) of the Civil Act states that a child shall succeed his or her father’s
surname and origin of surname in principle with an exception that when the
parents agree to have the child assume his or her mother’s surname and origin
of surname at the time of filing a report on their marriage. However, it requires
improvement since it constitutes a gender discrimination (between parents) in
deciding on the child’s surname and origin of surname as they have to submit
an agreement document when the child succeeds his or her mother’s surname
and origin of surname while no document is needed for the cases of succeeding
the father’s surname and origin of surname and it should be determined in
advance at the time of reporting on their marriage instead of the time of the
child’s birth registration.
60. In addition, although Article 781 (6) of the Civic Act stipulates that the
requirement to change the child’s surname and origin of surname is “where
there exists a need to alter the surname and origin of surname of a child for the
welfare of the child” instead of the agreement between parents, Article 59 (2-2)
of the Rules on Family Litigation defines a provision of listening to the opinion
of the biological father (next-of-kin lineal ascendant with the same surname and
origin of surname in case of a biological father deceased) on the alteration of
the child’s surname and origin of surname. This leaves a room for other factors
than “the welfare of the child” to be involved in the permission of the alteration
of the surname and origin of surname by the court. The declaration of the