ScholarWorks@숙명여자대학교

초록

It goes without saying that women are the target of legal policy. In many cases, our constitutions and laws already specifically target women, but recent developments have made it necessary to rethink this self-evident question. This paper examines these emerging issues in turn, considering whether women can be the object of legal policy, what kind of legislation and legal concepts can reflect this, and what the theoretical and practical implications are. We believe that these considerations can help set the direction for women's legal policy. First, the various legal regimes that have been developed to prohibit discrimination against women do not specifically target women. In fact, the Equal Rights Clause of the Constitution does not mention women. In other words, anti-discrimination laws are not limited to women. Yet the interpretation and application of the law is still biased towards protecting women, and indeed many of the beneficiaries of the law are women. It has been pointed out that Korean women's laws already have a dual structure in which women are not directly targeted in laws related to discrimination, and women are directly targeted in laws related to equality. Second, since the 2010s, hate has been on the social agenda and countering it has become an important issue. This paper examines the implications of responding to misogyny, particularly through legal action or legal policy. It first examines the concepts of hate and misogyny, and then considers the implications of hate and misogyny as targets of legal policy. It suggests that it makes sense to make misogyny a policy target and to respond systematically to various issues arising from misogyny, such as hate speech against women, discrimination against women, and hate crimes against women. However, it is important to note that there are alternative terms for misogyny, such as sexism and sexual prejudice. It was pointed out that the strong nuance of misogyny is a strength from a movement perspective, but also a weakness when it comes to broadening the discussion. It was also noted that even when misogyny is assumed to be the target of legal policy, the word misogyny is not used to define the actual legal concept. Finally, the possibility of non-specific legal policies for women was discussed. The problem with directly targeting women is that it can perpetuate discrimination and gender stereotypes, and it was suggested that we need to actively explore the possibility of non-specific legal policies for women.

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