혼인과 가족에 관한 권리와 가정폭력

Our constitution, as fundamental unit of social integration in order to prepare civilizational crux of social integration from the same private domain as marriage or family life is guaranteeing the right on marriage and family. But by domestic violence and from the family which is a social integrated fundamental unit which our constitution pursues equality of both sexes and individual dignity, the right to free from violence, the rights etc. to defend the body and a life of oneself, the basic right of the human being seriously, infringement is receiving Consequently, the domestic violence reaches any more to having the recognition which is a social problem where also the problem of the individual is not the family problem, as problem of the fundamental right infringement any more will not be able to look away recently the necessity which will approach is proposed. And yet, our constitution occurs frequently from marriage and family life, does not reflect well the social problem which is a domestic violence, was stepping aside from discussion of constitutional level. From this critical mind, this paper tries to propose the necessity of discussion on the right on the marriage and family and domestic violence from constitutional aspect which emphasizes a social integrated order(Ⅰ). The domestic violence occurs mainly from marriage and family life, try to investigate the problem of 'constitutional marriage․family system and domestic violence'(Ⅱ). And tries to observe 'the actual condition of domestic violence and contents of the fundamental right which confronts in it' which occurs universally concretely(Ⅲ). Caused by with the peculiarity which is a family and which conflicts and coexists 'domestic violence and the nation and a fundamental right protective plan' leads(Ⅳ). This leads and prevent a domestic violence and exterminates awakening makes, the sense of value of the recognition conversion for and with the right which will live worthy life of human beings(Ⅴ).