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In Korea, marriage between blood relatives within eight villages is prohibited by current law. Does it unfairly impede the freedom of marriage or is it inevitable for the order of the community? According to the provisions of the law, the person who married and annulled his sixth spouse from the village presented a constitutional petition saying it was unconstitutional, and today a public defense was held. This is reporter Han Dong-oh. Mr. A filed a marriage record with his spouse B in May 2016 However, three months later, Mr. B filed a suit for annulment of the marriage because he and Mr. A had six in-laws, and the court also accepted. The provisions of civil law are based on the prohibition of marriage between blood relatives within eight villages. Mr. A filed a constitutional complaint saying that the provisions of the law were unconstitutional and the Constitutional Court held a public debate on the prohibition of inbreeding. The question was whether maintaining the freedom of marriage and the order of the community conformed to constitutional values. Plaintiff A’s party argued that it violated the constitutional rule prohibiting excessive excess, using foreign cases. In Germany and Switzerland, marriage is allowed unless immediate family members, such as parents or children, brothers or sisters, are not married, and in the United States, Great Britain, France and Japan, marriage is allowed for guarantees with four or more connections. Even from a genetic point of view, he emphasized that marriages between sixth or eighth generation blood relatives do not have differences in the probability of developing a genetic disorder in their children due to non-incest. On the other hand, the Ministry of Justice, which is a ministry in charge, has promoted a sense of community rooted in our society. We must prevent genetic diseases and biological vulnerabilities that may appear in inbred children, maintaining the marriage customs, the concept of kinship and the community order of our nation. He stressed that even in today’s nuclear family, the feeling of blood-centered community is the foundation, and households of two or more generations still occupy the majority. It has also been noted that civil law prohibitions on inbreeding stem from our own tradition of prohibiting same-sex marriage. Therefore, considering ancestor-centered customs of paying prizes or performing ceremonies, the concept that the eighth village is a close relative is valid, but it is possible to argue that weddings are too inclusive as they tend to be self-centered . The same-sex marriage system was changed to prohibit marriage in eight villages in 2005 alone after the Constitutional Court’s decision to disagree with the constitution in 1997. It should be noted whether the ban on inbreeding, which has been tried again for unconstitutionality after 23 years, will change once again as times change. YTN Han Dong-oh[[email protected]]it is. ※ ‘Your report becomes news’ YTN awaits your valuable report.
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