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초록· 키워드
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Reconsidering the formation of modem family law reflects the meaning of marriage and the status of women in modem era. In modem democratic society, the social contract presupposed the sexual contract, which created men's freedom and women's subjection at the same time. Carole Pateman said. Laws on marriage and family are in the passage between public and private spheres and define women's places in both. While Victorian England has been known as the first industrialized nation and the model of parliamentary democracy. South Korea has gotten through colonial period and built new institutions after western ways and traditional as well. Are there any common causes for married women between in Victorian England and in 20th century Korea just because they are women? What are the differences and how can we explain them?
The first divorce act of 1857 provoked Victorian feminists into starting campaigns to improve the legal status of women. Most of male legislators were still caught in the idea of coverture and the sexual double standard, and had no sense of women's equal rights in marriage. Women's suffrage was far from realization then. Victorian feminists made the reform of marriage laws one of their main concerns during the latter half of the century. Eventually they turned their priority toward suffrage movement.
In South Korea, family law was made as a part of the Civil Law from 1948 to 1958, shortly after ending Japanese colonial rule. Whereas women and men got the vote at the same time in 1945, legislators for the Civil Law were all male and most of them had no intention to make any radical change of womens lot in marriage, or observe the principle of human equality in the Constitution. Some of them declared they would follow our own national tradition, but who can tell what is truly our genuine tradition? As though the first effort by feminists to amend family law draft bill ended in vain, struggles are still going on and expecting the fourth amendment.
Both Victorian and Korean feminists striving for family law reforms regarded women as victims of male dominating society and the weaker part in marriage who needed some protections as well as equal treatments. Even though to get a legal divorce by consent was easier in 1950s Korea than in Victorian England, it did not necessarily mean that married womans status in Korea was better. Some women were afraid that the simple divorce procedure made them expelled from marriage without any means to live on.
The first divorce act of 1857 provoked Victorian feminists into starting campaigns to improve the legal status of women. Most of male legislators were still caught in the idea of coverture and the sexual double standard, and had no sense of women's equal rights in marriage. Women's suffrage was far from realization then. Victorian feminists made the reform of marriage laws one of their main concerns during the latter half of the century. Eventually they turned their priority toward suffrage movement.
In South Korea, family law was made as a part of the Civil Law from 1948 to 1958, shortly after ending Japanese colonial rule. Whereas women and men got the vote at the same time in 1945, legislators for the Civil Law were all male and most of them had no intention to make any radical change of womens lot in marriage, or observe the principle of human equality in the Constitution. Some of them declared they would follow our own national tradition, but who can tell what is truly our genuine tradition? As though the first effort by feminists to amend family law draft bill ended in vain, struggles are still going on and expecting the fourth amendment.
Both Victorian and Korean feminists striving for family law reforms regarded women as victims of male dominating society and the weaker part in marriage who needed some protections as well as equal treatments. Even though to get a legal divorce by consent was easier in 1950s Korea than in Victorian England, it did not necessarily mean that married womans status in Korea was better. Some women were afraid that the simple divorce procedure made them expelled from marriage without any means to live on.
목차
1. 서론
2. 빅토리아 시대 영국 기혼 여성의 법적 지위
3. 한국 가족법에서의 결혼 제도와 기혼 여성
4. 결론
참고문헌
[Abstract]
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