戶主制度가 權威主義的인 國民意識과 男女差別法에 미치는 영향 = The Head of Family System, It's Patriarchal Thought and Discriminational Factors

다국어 초록 (Multilingual Abstract)

Head of family system, so called hojujedo in Korean civil law, is a typical patriarchal system which means there should be a head in a family. Even if the head of the family doesn't have any right and duty over to the families, the system has great problems in itself as follows: First, the census registration is organized so that the head of the family should be the standard of the family and should be centered of the family. Therefore the head of the family system symbolizes that the head person is very important, he should have some right over the family members, he should have some duty to support for the family members, not legally, but de facto. Furthermore, the patriarchal system give causes to the family members or society members that the head of the family can order or he can rule over his family members.
Second, the status of the head of the family should be succeeded to the first son of the head of the family when he dies according to the family law. It is obviously discrimination of the daughters, who are women. Because of this rule, married men and women might think that they should have son for the succession of the generations. The reason that the birth rate of the sons exceed that of daughters is that Korean women don' t want to give birth of the daughter with the help of the scientific development even if it is illegal.
Third, The head of the family system separate every men into high and law class, because every head of the family might be old men while family members are young children or women who are mother or wife of the head person.
Fourth, because of the existence of the head of the family system, people could easily think that all men are superior while all women are inferior.
Fifth, this system could easily lead that adult should be respected and they should be always right, while children should obey or dependent to the adult member in the family or in the society.
Sixth, this system has given patriarchal impact to the family related laws like a census registration law, law on medical insurance or several social security laws. Because the head of the family system in the family law is the principle of the family-related law, it is natural that family related laws should be enacted according to the basic principle of the family law, which is patriarchal.
As a conclusion, I insisted that the head of the family system in family law should be abolished as soon as possible in this paper.

목차 (Table of Contents)

• 1. 들어가는 말(戶主制度의 法的인 意味)
• 2. 家父長制 家族制度와 戶主制度의 歷史的 基礎
• 3. 戶主制度와 戶籍制度
• 4. 家父長的인 戶主制度가 권위주의 의식에 미친 영향
• 5. 호주제도, 무엇이 문제인가? 그 위헌성과 차별성과 함께
• 6. 戶主制度와 男女差別法
• (1) 戶籍法
• (2) 국세기본법
• (3) 상속세법-상속세 및 증여세법으로 개정
• (4) 사획복지관련법에 존재하는 남녀차별규정
• (5) 섭외사법, 및 국적법상의 차별은 철폐되었다.
• 7. 맺는 말