ScholarWorks@숙명여자대학교

초록

Marriage refers to a continuous living community based on affection and trust based on the free decisions of the individual. Marriage is effective by filing a declaration as prescribed by the Family Relations Registration Act, and it is characterized by the need for the establishment of marriage and the joint cooperation of the countries to establish and issue marriages. However, there are couples who do not recognize the sustainable living community as loved ones and their loved ones because the country does not cooperate. Therefore we should examine the nature of the guarantee of marriage and what is the problem with the legalization of same-sex marriage. The decision to choose the one that human beings love and how they will live should be as free as possible without interference. But it is necessary to approach it differently from the legal status of the spouse under the marriage system and to be guaranteed benefits. The guarantee of marriage has the attributes of “Einrichtungsgarantie”, as well as the attributes of the right to self-determination in the free right, where freedom from the state is at its core. “Einrichtungsgarantie” is intended to maintain the essence of the system by stipulating in the Constitution an objective system established historically and traditionally. A change in the perception of citizens may accept the intrinsic nature of marriage as a union of two beloved personalities, not a combination of “opposite-sex” but a change of constitution is possible unless it is contrary to the provisions of the prestigious. Therefore, such an interpretation is contrary to the provisions of the current constitution and exceeds the limits of the interpretation. I think it is possible to discuss the establishment of same-sex marriage legislation on the premise of constitutional amendments when a social consensus is made that it is possible to amend the Constitution by recognizing the legal status of same-sex living partnerships, such as Germany or France, to minimize violations of fundamental rights and to change the perception of members leading by changes in the law.

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