National Human Rights Commission Decides to Submit a Petition to the Constitutional Court of Korea
The National Human Rights Commission (Kim Chang-kuk Kim) decided to submit their opinion regarding the Hoju [Family Registry] System to the Constitutional Court, which is currently reviewing 2 cases challenging the constitutionality of laws relating to the system (case 2001, Hun-Ga*, 11-15 Civil Act 2001 Article 778; case 2001, HunGa, 9, 10 Civil Act Article 78, Clause 1 lower part). The Commission decided to submit their opinion because the Constitution of Korea upholds family systems which respects human rights and based on human dignity and gender equality, and hence, "articles relating to the Family Registry System, or Hoju System, is a violation of the Constitution, and the Hoju System itself violates human rights."
The decision came about because the Korea Legal Aid Center for Family Relations asked the Commission for their public opinion regarding the Hoju System in January of 2003. In addition, since a decision regarding stipulations of the Hoju System is currently pending in the Constitutional Court, the NHRC felt it necessary to express their opinion regarding those stipulations (National Human Right Commission Act Article 28 Clause 1, presenting opinions on relevant human rights matter to courts or the Constitutional Court).
The NHRC admitted that as a law, the Hoju System makes a whole family subordinate to the head of the family, or makes women subordinate to men. In addition, it prevents the formation of equal relationships within a family by creating rank and hierarchy; it also violates the individual freedom to marry because the marriage certificate is not recognized as legal if the head of family is either unlisted or both man and woman are listed as head of family. The law violates the freedom of family formation because in the case of divorce, it prevents the registration of any children to the mother’s family registry. The rights of females as mothers, daughters, and wives are violated through prioritizing paternal lineage and male blood succession that makes children take on the father’s name and reserves the position of head of family for men.
Therefore, the NHRC decided that the Hoju System forces hierarchical family relationships, prioritization of paternal lineage, and male blood succession without logical reason, and violates the following articles of the Constitution: assurance of human worth and dignity and the right to pursue happiness (Article 10), right to equality (Article 11), individual dignity and equality of sexes for those married and conducting family life (Article 36, Clause 1).
*Hun-Ga means numbering system for cases decided as "unconstitutional" by the Constitutional Court of Korea.
