조선전기사회의 남녀 관계와 오늘날 양성 평등한 법제도

Gender Equality in Early Chosun Dynasty and Today's Legal System

Every human being is equal. However in 1950's most Korean women did not receive equal treatment. People thought that the reason why women were in inferior position socially and economically was because of the legal and system discrimination. And those would be affected by the traditional ideas such as Confucianism. Thus, without considering the traditional ideas, they tried to introduce western legal systems in Korea. Men and women discrimination prohibition and equal opportunity guarantee were pursued from the perspective of law and system. Legal Feminism leads to gender equality in our society. But we should find same law and legal systems in early Chosun Dynasty, and we found that early Chosun society was more equal than we thought. Law is a cultural norm and we should focus on enacting and applying of the effective law suitable to our situation. Equality is a relative concept having a comparative concept, and it is judged according to standard including a certain value judgment in relation to a comparative object. This standard of equality judgment is concretely confirmed in the living relationship regulated by people; the legal system for men and women equality should contain our reality and idea. We need a correct understanding of traditional ideas. Our laws and legal systems should be reflected in our thinking, then those will be able to make a more powerful force In reality.