새로운 형태의 가족: 헌법적 가능성과 한계

New Model of 'Family': Constitutional Possibility and LimitCho, Hong-SuckThere are three approaches to the same sex marriage in the United States, Germany, France and Europe. The first approach is that a union between the same sex cannot be a marriage. The second one is that the same sex marriage can be a perfect lawful marriage. The last one is that the same sex marriage has similar legal effects to lawful marriage. According to the Korean Constitution article 26 section 1 and several decisions of the Korean Constitutional Court, the same sex marriage cannot be admitted under the Korean Constitution because a marriage should be a union between different sexes. Granting civil unions the same legal effects as lawful marriages is a demand for the principle of equality as well as the content of the right to sexual autonomy that comes from the human dignitythe pursuit of happiness. Civil union can be included in the concept of family if family is something that carries on educational function, socializing function, life-companionate function and if the core of family is considered as a relationship between parents and children. In the point of view that the Constitution has diversity and openness, it is natural to accept the change of social reality in interpreting the concept of family. Characteristics that the system of family has as right of freedom, as institutional guarantee and as objective validity do not disturb civil union to be accepted as a new type of family.