In Sep. and Nov. 2020, two partial amendments to the Framework Act on Healthy
Families were proposed to the 21st National Assembly.477) These amendments include
changes to the name of the law to the “Framework Act on Family Policy,” and deletion of the
concepts of “family” and “healthy family” from the law. The purpose of the amendment to
the Act is to prevent discrimination and prejudice against diverse families and to strengthen
support, and amendments to the Act with a similar purpose have been steadily proposed
since the 17th National Assembly.
Discussions on the need to revise the Basic Act on Healthy Homes with the same purpose
as the above amendment have been going on since 2005, when the same law was enacted,
but it seems that the social controversy has increased in 2022. In Dec. 2021 and Jul. 2022, the
NHRCK has reviewed and resolved on the revision of the Act to accommodate various
family types and the changes in perception of families and to prevent prejudice and
discrimination against LGBTI people, and has recommended to establish a system that can
encompass various types of families.478)
On the other hand, the Ministry of Gender Equality and Family has expressed its position
that it is necessary to revise the Framework Act on Healthy Families to respond to various
ways of forming families and lifestyles through the 4th Basic Plan for Healthy Families in
2021,479) but in Sep. 2022, it changed its position and said, “it is necessary to maintain the
provisions for the concept of ‘family’ in the current Act in order to increase the actual
support rather than a wasteful debate about legal justice.”480)
As the resolution of the NHRCK and the change in the position of the Ministry became
known, the reactions of civic groups were mixed. Some asserted that the National Assembly
should promptly prepare a law to guarantee the right to establish a family for LGBTI people
477) Co-Sponsored by 16 representatives, including Rep. Nam, In-sun, Bill No. 2103381, Sep. 1, 2020, Co-sponsored
by 10 representatives, including Rep. Jeong, Chun-suk, Bill No. 2104842, Nov. 2, 2020.
478) NHRCK, Decided on Dec. 23, 2021, 19JinJeong0871500・20JinJeong0356300(Combined) System Improvement to
Guarantee the Right to Establish Family by Sexual Minorities; Decided on Jul. 11, 2022, Recommendation on the
4th National Human Rights Policy Plan (Human Rights NAP)
479) Ministry of Gender Equality and Family, ‘4th Basic Plan for Healthy Families (2021-~2025): Along with All Families
2025,’ Report on the 6th Women and Family Committee for Partial Amendment to the Framework Act on Healthy
Families, Dec. 2020.
480) Kyunghwang Shinmun, Sudden Change of the Ministry of Gender Equality and Family – Not recognizing common-law
marriages and cohabitation as legal families, Sep. 25, 2022.
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