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Opinions on Bill on the Amendment to Civil Law [2004] KRNHRC 41 (1 June 2004)

In June 2004, the Ministry of Justice and lawmakers Lee Gyeong-suk and Noh Heu-chan
submitted bills on amendment to the Civil Act to the National Assembly. The bills contain
desirable provisions for the protection and promotion of human rights of women and
children, such as those permitting change of the last name of a child and adoption of a son
from the wife's family since the abolition of the Hoju system (patriarchal family registry
system).

After examining each bill, the Commission concluded that (1) it should be stipulated that
the definition of a family be limited to blood relatives and relatives by marriage, in
consideration of public perception and other laws; and (2) changing the family name of a
child and taking the maiden family name of the mother as the family name of the child
should be permitted, though it would be desirable not to impose a limit on the age of a son
to be adopted. The Commission expressed its opinions as concluded to the National Assembly.
The Commission requested that the National Assembly deliberate the bill on the amendment
and pass it at the earliest possible date to reduce the duress on children of divorced and
remarried families.