A woman's history: The family law reform in Korea, 1948-1991

This study describes and analyzes the process of change in Korean public policy toward the status of women in the family. Through a series of reform statues since the liberation from the Japanese rule in 1945, the Korean women's status has greatly been altered by official values regarding the rights and responsibilities of women under the family law. The main changes in the Korean women's legal status have occurred along with the historical vicissitudes of the Korean society itself. These changes in public policy happened gradually and are still going on.;This study focuses on the process of policy change through three stages reforming Korean family law since 1948. Before that, some mention is given to the influence of the Korean cultural tradition (Confucianism) on the status of women. The study of events that have led to these major changes in Korean family law reveals stories of personal influence, petition drives, investigations, ponderous judicial opinions, and back-room political party deals. In examining the way conflicts were resolved among feminists, lawyers, and politicians, an explanation of the nature and direction of policy content emerges.;The movement of revision of the family law has coincided with the development of feminism as political movement in Korea. Several generations of feminists have taken up the issue of family law reform. Their influence has been primarily felt through their personal and organizational contacts with the legislature. The most interesting result of this study of the history of the modern Korean family law reform is the extent to which feminists have been successful in achieving equality for women in the family. They have had less success in gaining a sympathetic ear among members of the judiciary. Despite legal and political handicaps, they have successfully pressured Korean lawmakers and government to abolish common law rules that gave women the same status as children and idiots and to treat women as equals as men.