북한 가족법의 양성평등의 원리

This paper examines the direction for the establishment of the principle of gender equality in the Unified Family Law, by discussing The Principle of Gender Equality in North Korean Family Law. North Korean Family Law regulates the principle of gender equality in the law of marriage, the law of parent and children, the law of inheritance, the law of support and et cetera. But in fact, there are the factors which are to be excluded from the integration of the family law of South and North Korea such as a fact that family relations are used as tools in politics even though the one’s intention in marriage, parent and children, inheritance need to be considered important, a fact that the gender equality is treated as only a formality in principle of law due to patriarchal family socialism, a fact that regulations are simply ornamental which shows uncertainty and et cetera. However, a declaratory regulation on gender equality (§18), a direct regulation on the rules of no merging family name and following one’s father’s surname (§19), a regulation that allows a mother to be a custodian for the children under the age of three in case of divorcement (§22), and et cetera are the laws in North Korean Family Law that are evaluated to be well worth considering in the integration of family law of South and North Korea, in order to implement principle of gender equality.