There are various forms of families and households in the world. However, currently, Korea does not provide institutional protection for these diverse forms of family or household structures. As the composition of households becomes more diverse, there is an emerging opinion that the system should be changed to recognize non-immediate family members as part of a ‘family’. In line with this trend, discussions are underway in Korean society regarding the introduction of the Act on Registered Life Partnership. Various opinions surrounding the adoption of the Act on Registered Life Partnerships exist. Let's delve into what the law entails and how it is currently being discussed in Korea.

What is the Act on Registered Life Partnerships

The Purpose of Act

The discussion of the Act on Registered Life Partnerships in the Korean National Assembly began in 2014. In 2005, the National Human Rights Commission recommended that the Framework Act on Healthy Families should be amended to accommodate a wider range of family and household forms beyond marriage, blood ties, and adoption. With this recommendation, in 2014, Jin Sun-mee, a member of the National Assembly of Gender Equality and Family Committee, prepared the Act on Registered Life Partnerships, which would recognize even those who are not immediate relatives as family. The bill was introduced to the National Assembly approximately nine years later, in April, by Basic Income Party member Yong Hye-in and ten others. In the bill's proposal statement, Yong Hye-in explained the need for the Act on Registered Life Partnerships, stating, "As the forms of families in our society have diversified beyond traditional families to include single-person households, single-parent families, adoptive families, and unmarried cohabiting families. There is a need to change the definition of family within the current Korean legal framework." Thus, the proposed legislation could address the fact that cohabiting families who essentially do form a household together currently do not receive legal rights concerning property and social security systems. The proposed bill defines a ‘partner relationship’ as a relationship in which two adults, who have Korean nationality or permanent residency, mutually agree to share daily life, household chores, and provide care and support to each other. Individuals in partner relationships would be granted obligations and rights[1] similar to those in marriage. Even if the family members that are not based on blood ties, marriage, or adoption, individuals in partner relationships could take on roles similar to guardians. Additionally, individuals in such relationships may be eligible for priority benefits in public rental housing like those granted to newlyweds. The Act on Registered Life Partnerships is an attempt to align with changing societal perceptions of family in Korea. According to a 2020 nationwide survey on public awareness of family diversity conducted by the Ministry of Gender Equality and Family, 69.7% of respondents agreed that a relationship where individuals share their livelihood and residence should be recognized as a family, regardless of marital or blood ties.

The Pros and Cons of the Act

The legislator Yong who proposed the law stated, "Elderly families, friend families, unmarried couples, de facto couples – all of these are new forms of families commonly seen among our neighbors." They emphasized the opinion that now all families formed through intimacy and care should be protected and supported by the government. Ryu Ho-jeoung, a member of the Justice Party who participated in the joint proposal, mentioned the similar ‘PACS’ (Pacte civil de solidarité) system in France and expressed hope that recognizing births within non-marital households within the social system could improve Korea's birthrate. The National Human Rights Commission of Korea also cited the 2021 survey on public awareness of family diversity conducted by the Ministry of Gender Equality and Family, stating that "68.5% of surveyed citizens recognize relationships that share housing and livelihood as families," acknowledging the emergence of new family forms. Furthermore, they noted that the current laws and regulations are still based on the traditional concept of family and that diverse communal living arrangements are not adequately protected, often facing discrimination. They concluded that there is a need to establish laws that regulate the formation of new forms of cohabiting relationships that arise from reasons other than marriage and blood ties like the proposed Act on Registered Life Partnerships. Additionally, individuals in cohabiting relationships will be entitled to certain legal benefits, such as priority access to public rental housing, which was previously exclusive to married couples, and the ability to register as dependents for health insurance.

 While there is an opinion that the proposed law can protect various families from institutional blind spots, there are also opposing voices. Minister of Justice Han Dong-hoon stated that the "Act on Registered Life Partnerships essentially legalizes same-sex marriage" and emphasized the need for sufficient discussion and subsequent national consensus, which he believes hasn't been achieved so far. The ruling party, the People Power Party, also opposed the legislation, considering it as the legalization of same-sex marriage. In this context, Christian groups strongly opposed the legalization, viewing it as promoting homosexuality. Over 1,200 religious and civic Christian organizations held a press conference demanding the "Withdrawal of the Act on Registered Life Partnerships," stating that it directly contradicts the Constitution, civil law, and the Framework Act on Healthy Families, which consider marriage and family formation to be based on gender, and warning that it could lead to a sharp decline in the marriage rate and an increase in out-of-wedlock births. Currently, in Korea's National Pension system, spouses can be registered as dependent beneficiaries for health insurance. However, if partner relationships are allowed, cohabiting partners could also be registered as either dependents or beneficiaries of health insurance. This raises concerns about a potential reduction in the number of individuals obligated to pay into the national health insurance.

The Three Acts on Right to Establish a Family Which is Discussed Along with the Act on Registered Life Partnerships

Alongside the Act on Registered Life Partnerships, there are ongoing attempts at institutional changes regarding traditional family structures and gender roles. The Amendment on the Act on Marriage Equality, and Amendment on the Non-Marriage Birth Support Act are mentioned. However, there are also on disagreements and conflicts of opinion.

Amendment on the Act on Marriage Equality

The Act on Marriage Equality recognizes not only heterosexual, but also same-sex marriages as spousal relationships. It seeks to redefine the definition of spouses by amending Civil Code Articles 812 (Formation of Marriage) and 767 (Scope of Relatives). Additionally, it acknowledges individuals as parents if same-sex couples adopt a child jointly or through one party during the marriage. However, the proposed amendments to the Act on Marriage Equality face limitations as they may be considered in violation of Article 36, Paragraph 1 of the Constitution. The Constitutional Court has already ruled in 2011 that "marriage fundamentally involves the joining of a man and a woman based on affection and trust."

Amendment on the Non-Marriage Birth Support Act

The Non-Marriage Birth Support Act is a proposed amendment to the Mother and Child Health Act aimed at protecting maternity and child health. The Mother and Child Health Act has traditionally provided support for treatments to couples struggling with infertility. The Non-Marriage Birth Support Act intends to expand support for assisted reproductive procedures to all individuals, not only couples facing infertility. In August, there was a case in Belgium where a Korean lesbian couple, through sperm donation, gave birth to a child. The proposed legislation aims to support individuals, including single women and same-sex couples, who desire to have children. If the Non-Marriage Birth Support Act is enacted, it would allow families to form within households that are currently not recognized as families, enabling the creation of family communities with children. However, there are concerns that this amendment could be misused. Professor Eum Sun-pil of Hongik University Law School pointed out that it could effectively lead to the legalization of same-sex marriage and potentially open the door for demands for the legalization of surrogacy contracts for gay couples, especially in the aftermath of recognizing assisted reproduction for lesbian couples.

Act on Registered Life Partnerships

As previously mentioned, according to the Act on Registered Life Partnerships, legally entering a partner relationship allows individuals to obtain the rights and obligations that are typically associated with marriage, even if they are not technically married. For example, in emergencies, the law currently includes only family members based on blood ties, adoption, or marital relations as eligible guardians. However, when the Act on Registered Life Partnerships is enacted, cohabiting partners can also become eligible guardians. Additionally, it can address issues where same-sex couples may be excluded from legal rights, such as the management of jointly acquired property over their lifetime or receiving survivor's pension under the National Pension Act. However, there is still an opinion that this is a preliminary step towards legalizing same-sex marriage and that it has not yet gained sufficient societal consensus.

Overseas Cases of Act on Registered Life Partnerships

In the case of France, in 1999, they introduced the Civil Solidarity Pact, known as PACS, which legally recognizes cohabiting relationships. This system is quite similar to the Act on Registered Life Partnerships in that two adults who enter into a contract have rights and obligations similar to those of two married spouses. In the first year of its introduction, there were approximately 6,000 applications, and as of 2021, there were around 209,000 partnership contracts in existence. The introduction of the PACS system has also had an impact on the birth rate. The percentage of births out of wedlock in France, which was 42.7% in 1999, increased to 56.7% in 2012, and the total fertility rate increased from 1.79 to 1.99 births per woman. Denmark has also implemented a similar system called the "Registered Partnership" since 1989. This allows two adults, regardless of gender, to register as partners, granting them equal rights in matters such as inheritance and social security benefits, similar to the rights enjoyed by married couples.

According to surveys conducted by the Ministry of Gender Equality and Family, it is evident that family structures in Korean society have become more diverse. Currently, among the 38 OECD member countries, 25 countries recognize same-sex marriage, indicating a growing acceptance of same-sex couples globally. In this evolving landscape, Korea must inevitably adapt and redefine the concept of family within the existing legal framework. Regardless of the separate issue of legalizing same-sex marriage, attention should be directed towards the Act on Registered Life Partnerships itself, recognizing and respecting various forms of families. It is our current obligation to create a society that acknowledges and embraces diverse family structures.