The Constitutional Court has declared the hojuje to be unconstitutional, a decision that puts a final end to the long controversy about the “family headship system.” The court is right and clear when it writes that the hojuje has “caused inconvenience and pain for many families, because it is sexual discrimination without just reason in deciding who inherits the status of head of family and in determining family relationships relating to marriage and children,” and that the law does so “based in set ideas about gender roles.” It is also the right decision for finding the hojuje wrong because it “violates clause 1 of article 36 of the Constitution, which calls for gender equality and individual dignity, because it treats people as instruments for maintaining and continuing households instead of as individuals who are each respected for their dignified character within their families."
It took nearly half a century for what is a natural assertion to finally be given legal validity. Even from back when the civil code was promulgated in 1958 there were claims the hojuje was unconstitutional. In the 1970’s, the late Dr. Yi Tae Yeong started an organization centered around the “Family Law Counseling Center” and began a massive campaign to have the Family Law revised, and as a result the prohibition on people from the same clan origin marrying and unfair clauses such as the one governing the relationship between a mother and child who are not related by blood were revised several times over the years. The elements of the hojuje that remained because of the fierce opposition to abolishment by conservatives now finally disappears. With its strength, the women’s movement has been rectifying laws that have otherwise not kept up with the times. We hope to see the Constitutional Court’s decision contribute to a more equal society.
As a result of the decision the bill to revise the civil code, which was introduced at the National Assembly last year without being approved, essentially becomes as good as passed. We hope to see it approved during February’s session of the National Assembly without any complications. What now remains is the task of building a citizen registry system that will replace the hojuje while being democratic and appropriate for the new era. The Supreme Court and the Justice Ministry have already developed proposals calling for individual registries in the form of something similar to a family record file. The Justice Ministry’s proposal, however, calls for married couples to maintain the same place of registration, and that would appear to be following the practices of the old hojuje. We hope the new system is created without deficiencies, since it is being revised after much difficulty.
The Hankyoreh, 4 February 2005.
[Translations by Seoul Selection (PMS)]
[Editorial] System Replacing Hojuje Must be Democcratic |
