戶主制에 관하여 = A study on the Family - head system

다국어 초록 (Multilingual Abstract)

Family-head system indicates the relation between hoju, the head of family and his family members. It prescribes the position in the family legally, like who will be the hoju and who will be the family members. It also makes hoju to take the central role of a family members. When one changes his social stading, he may also change which family he belongs.<br/>
For example, if one gets married, he can establish a new family registration, as a result, all people should be registered to a family. However, the meaning of family in the hoju does not carry a friendly family relations just a group of members who are belonging to the hoju.<br/>
During the Corea and Chosun dynasty there was a similar system made to impose labor and taxes. It is function was similar to that of pregent resident registration system and hoju was like a householder at that time. However, the traditional meaning was deteriorated, by far with the actual common life in families, by the Minjeokbub and Chosunhojeokryung that Japanese imperialism adopted. The most crucial change was that hoju became a supervisor having absolute power on creating a hierarchy.<br/>
Meanwhile, in November of 99, UN Human Rights Commission(UNHRC)urged that family-head system should be abolished because it reflects paternalism and rather intensifies it.<br/>
The Korea government joined Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), but decided to leave chosing one`s family name up to the family. The request for abolition of hoju system, which 114civic groups have remarked, didn`t even layed before the National Assembly.<br/>
There are problems indicated in the ideological and legal part of family-head system. First, it is an acquired idea, from Japan. Second, it causes paternalistic thoughts among people. Third, the succession of family-head position is unconstitutional. These are the ideological part.<br/>
The legal part is first, when the succeeding by hoju system the androcentric principles follow. Second, it is making one`s spouse to register to husband`s census record. Third, when children are born, they have to follow father`s family name and census register.<br/>
A view for maintaining the family-head system is supported by some ideas. 1)Removing family-head system is to eliminate our traditional family system. 2)hoju has an important meaning that man instinctively succeeds to the family line.<br/>
On the other hand, these are the following ideas of the supporters arguing to eradicate family-head system. 1)It is violating the spirit of constitutions law which is stating the dignity of marriage and equality in both sexes. 2)The ranking which can succeed to the position of hoju is male-centered and reflects the social tendency to neglect women. When a hoju dies, the position is succeeded to an order of his son, daughter, spouse, women`s mother-in-law.<br/>
For exemple, a son who is about 1 year old, can be a hoju of his grandmother who is about 70 years old. 3)Family-head system is disturbing human rights. When a spouse divorces her husband, and even marries again, her child should follow her former husband`s family registration. So it is violating our human right focing us to give up one`s freedom of will.<br/>
By 50 lawmakers` proposal, a revised bill about the civil law, which has deleted the regulations for spouses and her children following her husband`s census record will be submitted to the National Assembly on May 27. If the National Assembly passes the bill, family-head system will be abolished. When we think of it, family-head system is not just limited in the relations among household members but affects the basis of family system which is essential in our society. So we should be cautious when amending these parts. What we should consider most is the spriit of constitutional law, the dignity of human and equality of marriage.<br/>
Consequently, the idea to abolish hoju is holding a prominent position. The only question is

목차 (Table of Contents)

• Ⅰ. 序
  
• Ⅱ. 戶主制 一般
  
• Ⅲ. 戶主制存ㆍ廢에 대한 論據
  
• Ⅳ. 決語
  
• Abstract