A debate arose in the Constitutional Court over whether the ban on marriage of blood relatives within eight villages constituted a violation of marriage freedom.
In the afternoon of today (12), the Constitution held a public debate in the case of the Constitution's petition on the provision of the civil law that'blood families within eight villages cannot marry'.
Mr. A, who filed a constitutional petition, argued that "when we look at overseas cases, the range of prohibition of inbreeding under domestic civil law is too wide," and insisted that it violates the principle of prohibition of excess in the constitution.
Also, from a genetic perspective, he stressed that the possibility of developing genetic diseases in children born through marriage between 6th and 8th villages is little different from that of ordinary couples.
The Ministry of Justice rebutted, saying, "The sense of community centered on blood relatives forms the basis of our society."
It is difficult to conclude that the freedom of marriage is superior to the public interest of maintaining family community order.
Prof. Sohye Hyeon, Graduate School of Law at Sungkyunkwan University, Professor Jonghee Seo, Graduate School of Law at Konkuk University, and Emeritus Professor Jeon Jeon, Professor of Anthropology at Seoul National University, etc. gave their opinions.
Professor Hyun, a reference from Mr. A's side, said, "Considering that there is no longer a living community among blood relatives of 5 or more villages, it is reasonable to reduce the ban on inbreeding to blood relatives within 4 villages."
Professor Seo emphasized, "Just because it is wider than foreign legislation, it does not necessarily lead to the conclusion that it is unconstitutional."
Professor Jeon said, "Even if there is a change in the concept of the family, the notion that'the eighth village is close relative' is universally valid even today as long as the ritual or ritual is maintained."
However, he said, "If it is recognized that there is a structural change in the perception of blood relatives in Korean society, it is difficult to conclude that the notion that the eighth village is close relative is universally valid."
Current civil law prohibits close marriage.
In particular, marriage between blood relatives within 8 villages is prohibited, and even if a marriage report is filed in violation of this, the marriage is invalid.
Mr. A filed a marriage registration with Mr. B in May 2016, but Mr. B filed a lawsuit against the court in August of the same year, saying that he was "between Mr. A and Mr. A."
When the court accepted this, Mr. A appealed, and in the course of the trial, he filed a request for an unconstitutional trial against Articles 809 and 815 of the Civil Code.
After all of the appeals and applications filed by A were dismissed, in February 2018, Mr. A filed for a constitutional complaint requesting that the provisions of the law above were considered unconstitutional.
(Photo = Yonhap News)