憲法上의 婚姻 및 家族에 關한 批判的 解釋의 考察

The remarkable change in Korean traditional patriarchy Family system with resulted in the social specialization of industrialization might be witnessed through those index of population statistology after 1960s. An important character of those changes made minimize the scope of family and emerged into the multifarious shape and formations of families in according to the effect of urgent Urbanization. For example, An improvement of women's education level and the increase of their employment made lead to a considerable change of societal values among women and it brought out a late marriage and a decline of birth rate. With the consequence that we have to face with the critical and indispensible change on the constitutional policies and legislatures with related marriage and family institutions. Although we shall confront with the family liquidation in recent, The Article 10 of Constitutional law make burden on state to be responsible for maximum protection of fundamental human rights. However Article 36 of Constitutional law shall prescribe the basic principle of marriage and equality of both sexes, but our Constitutional law has not enacted the scope of protection on a marriage and a family as well as leaves the basic rights of family open toward a jurisdictional power. First, I shall research the effects on the family law of constitutional interpretation about marriage and family in constitutional law and do the legal nature and contents of article 36 clause 1. Second, It is concerned with the meaning of maternity and legal nature and a scope of protection related the article 36 clause 2. Third, I am concerned on the essential scrutiny rule to enforcement the validities and contents on the marriage and family in Constitutional law article 36 shall be enforced to realize the human dignity and value and the right to live substantially as human being and of a family living community.