In Korea, children customarily inherit their father's surname, except in cases where the parents jointly choose the mother's surname at the time of marriage registration(Civil Code Article 781, Paragraph 1). Despite evolving family structures, the pat...
In Korea, children customarily inherit their father's surname, except in cases where the parents jointly choose the mother's surname at the time of marriage registration(Civil Code Article 781, Paragraph 1). Despite evolving family structures, the patrilineal surname system remains deeply rooted both legally and socially. This study examines the tension between formal legal frameworks and lived family practices, highlighting instances of individual agency that challenge established norms. It further proposes directions for legislative and policy reforms to address these disparities.
Using a macro-level framework of structure and agency, the study analyzes the patrilineal surname system from three perspectives: legal institutions, historical constructions, and social customs. Legally, it examines how patrilineality functions as a default norm through socio-legal discussions of legal impact. Historically, it traces the formation of patrilineality during the Japanese colonial era, focusing on customary law investigations and the sōshi-kaimei (forced name-change) policy from a postcolonial perspective. In terms of social customs, it considers conformity pressures and counter-practices of minority groups, drawing on dynamic practice theory and minority influence theory.
Methodologically, this study integrates literature review and legal theory with empirical legal research. Through quantitative and qualitative analysis of surname-change petitions filed over the past five years, it identifies a rising trend in both petitions for maternal surnames and their approval rates in family courts. Notably, most approvals involve divorced mothers with sole custody, whereas petitions from intact marriages are frequently denied on the grounds of the “best interests of the child.” These findings suggest that the petition system-still grounded in patrilineal norms-functions primarily as an ex post judicial remedy rather than a genuine instrument of family autonomy. As such, it fails to offer a fundamental solution to the underlying issue.
The study examines experiences of adopting or switching to maternal surnames as practices that confront the gap between legal norms and lived family realities. Using phenomenological qualitative methods, in-depth interviews with 41 participants delve into the motivations, constraints, and meanings behind maternal surname practices. Female participants described feelings of empowerment and a sense of lineage continuity, while some male participants reflected critically on their roles and sought to dismantle gendered power structures perpetuated by patrilineality. These practices are interpreted as expressions of personal agency that challenge patriarchal norms and open new possibilities for collective solidarity. Ultimately, the choice of a maternal surname goes beyond private naming decisions, representing critical awareness, acts of resistance, and the pursuit of new principles for family formation.
In conclusion, the study demonstrates that surnames are not mere markers but intersections of gender power and family identity. Based on this, it proposes reforms such as expanding individual choice in surname decisions, establishing procedures when parents disagree, granting adult children the right to choose their surname, and improving legal information and processes. Finally, the study underscores that patrilineality is a socially constructed norm reproduced by law and custom; overcoming it requires both legal reform and a critical reconstruction of traditions.