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■ Cast: Lee Eun’s lawyer
* The text below may differ from the actual content of the stream, so please check the stream for more accurate information.
[앵커]At this time, the Constitutional Court is discussing the unconstitutionality of the Civil Law, which prohibits the marriage of “in-laws” in eight villages and regulates marriage as a cause for invalidation. Should I get off? As for the details, let’s take a look with a legal expert. Eun Lee’s lawyer appeared.
Dear lawyer, I told you before, but it seems that there is a public debate in the Constitutional Court. The content is related to the provisions of the Civil Code that prohibit marriage between blood relatives within eight villages, right? How is it currently defined?
[이은의]In the past, there was a law that prohibited same-sex marriage, but now it has been changed to prohibit incest. Article 809 of the Civil Code prohibits close marriage. And now, after article 815 of the Civil Code, this is mentioned as one of the grounds for invalidation of the marriage. Therefore, in the case of the plaintiff who filed a constitutional petition this time, this party excessively infringes on the right to seek happiness under the constitution and the freedom of marriage. So it is a situation where a constitutional petition for a dispute has been filed.
[앵커]This was revised in 2005, right?
[이은의]So is. In 1997, when it was decided that the constitution was incompatible with the prohibition of East Asian same-sex marriage, in 2005, the relevant provisions of section 809 were replaced by the prohibition of inbreeding. However, in the case of Korea, unlike other countries, the number of villages is defined as a number from near to far, such as 1, 2, 3, 4, and that part is defined so that the number of villages is not allowed. marriage within 8 villages. There is.
[앵커]In this process, the Constitutional Court even publicly argued because it was a case of constitutional complaint. What is it?
[이은의]For example, if you look at A and B this way, A and B were married. However, they were in 6 countries. We got married in 6 villages and one of them filed an application for invalidation of the marriage, saying that this marriage was invalid because we were in 6 villages. I did, but one of the parties is unfair.
So while you argue in Family Court that you are unfair about this part, this is the constitutional law in this process. The civil law provisions in articles 809 and 815 are subject to unconstitutionality, so I asked that this be treated as an unconstitutional law, so I requested it, but it will not be accepted. So, everyone lost in that case. Yes, but think again. As a constitutional request, this violates my basic rights at this time.
[앵커]The format of the public defense of the Constitutional Court in this way. This is a socially relevant topic, so I will listen to various opinions. Can this be considered as such?
[이은의]Right. Because constitutional petitions and proposals for unconstitutional laws enter a lot. However, there is a history of continuing to take this part in the public debate when it comes to abolishing adultery and how to criminally punish and allow abortion-related crimes. But that doesn’t lead to what I’m going to do now, just because I’m speaking openly. When I think about the fact that this is a social problem now, there are no relatives called 8-chons among the relatives I saw recently. In fact, it is difficult even for 6 connections. But when I think about when I was very young, my grandmother and my grandfather lived, and something else older son or older son.
But they are still people I don’t remember. Therefore, for some members of our society, the eighth village is also a relative, and for some, it is also a person in a relationship that is meaningless and unknown. So of course this part is divided on how to view the marriage relationship, and if one party can always override this at any time by overriding it in the case of marriage, the other party, the one who wants to keep the marriage, is infringed in inheritance law or in various states. The problem of disadvantage arises. So if the Constitutional Court says that’s why now, then at this point, I’ll have to listen to the story between the two, the story of the Ministry of Justice and the story of the party that made the constitutional petition. I think I have admitted that I am at the starting point to discuss that together.
[앵커]He pointed out the main problems, but when it comes to the eighth villages, it doesn’t really affect much. How much would this be if you could explain it with an example?
[이은의]For example, if my cousin gives birth to a boy, she is 5 years old with me. By the way, the grandchildren of my grandmother’s cousin must be about eight years old. So, for example, when we form a large family, our grandmothers and grandfathers live in both families, and that is a family that we can see when we gather all the children and grandchildren one under the other for events, but if we look at life in cities today It is not easy to imagine that kind of relationship.
[앵커]I think it will be easier to judge for yourself. If you try to do what you’re talking about, does my grandson and my cousin’s granddaughter become like this, based on me?
[이은의]Right. If it’s standard, it’s like this because when viewed from above and below, it’s 1 chon each, and the number of brothers and sisters becomes 2 chon. So if you think about it right now, the probability that you don’t see a close relationship is as high as 5 connections. So it is the son of a cousin. I will see my first cousin’s children, but after that, will I see my children’s children and their cousins again? Will you live while you watch? Can you start a family? These parts are actually very skeptical.
[앵커]Even when we speak to the attorney at this point, the concept of a willing eighth people is difficult to calculate. By the way, civil law stipulates that there are 8 villages. What about foreign countries?
[이은의]In the case of foreign countries, the part is a little different. So as a concept in Chinese or English, this is the collective noun concept, and relatives are used. We are related as father and son part 1, 2, 3, 4, 5, 6, 7 and so on, but it is true that we are very strict in the prohibition of inbreeding.
In the case of Germany or Austria, marriage is not prohibited if there are three or more connections. Most European countries that come to mind when you think of Japan, America, and most of what we know allow people to marry as long as they have four or more villages.
[앵커]First of all, compared to other countries abroad, the range of inbreeding is quite wide.
[이은의]So is. In some ways, this is widely recognized when the law that prohibited same-sex marriage in 1997 was led to a ban on inbreeding, and in our case, there were such concepts as munjung or subordinate. So based on that, I was in a situation where I saw what kind of rituals or rituals around 8 villages are on the border of relatives who live and watch. It has been about 15 years since then, but in fact there were many speeches that were dying at that time, but now, as time goes by, society changes rapidly, so the voices of the individuals who are most infringed on the individuals and injured basic rights. It is coming out.
[앵커]Lawyer, however, the position of the Ministry of Justice is coming out through the charts. Doesn’t the side that upholds these civil law provisions and the civil law prohibition of inbreeding have its own motives? In particular, in a society where the Confucian tradition is maintained, as in Korea, there is a feeling of resistance to inbreeding and there are biological problems. What is the content?
[이은의]In the end, you can see that the opposite point problems are the same. So first of all, there are downsides in genetics and biology. Some children are more likely to develop a genetic disease or disability, in the case of inbreeding. One side is concerned about these stories, and on the other hand, when looking at the postmarital relationship that has expanded to more than one cousin, in fact, there is a big difference between the rate of the degree of marriage that has nothing to do with inbreeding and the rate of inherited diseases or childbirth of disabled children. none. So in fact, they face the same problem.
[앵커]You’re saying that if blood relatives continue to marry, recessive genes can come out, right?
[이은의]However, from a medical point of view, there is such a probability in a situation within a cousin, but after it gets out of that part, isn’t that a really significant index? This is the argument from the point of view of saying that this law is unconstitutional. In the same way, those who claim to be contrary to the concept of kinship, some family or marriage, and our traditions, are in close conflict with those who claim that it is not. Because the concept of kinship or marriage is actually a concept of people living in the present, there can be gaps within the same society. There may also be differences between cities and rural areas. There are areas where the differences between generations also widen.
Therefore, the side that says this part should be kept now reflects the empirical side and the emotional side that people are feeling, so it is impossible to judge ours with examples of foreign legislation. In other words, it is valid and necessary.
[앵커]Good. We will continue to see what decisions will be made.
