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On February 5, 2024, the National Assembly Research Service (Chief Park Sang Chul) held a ‘Conference on the Permissible Range of Marriages between Close Relatives’ with experts from relevant fields.
The Constitutional Court ruled unconstitutional on the provision of the Civil Act that nullify marriages between third cousins, and ordered to improve the legislation by the end of 2024. In response, the National Assembly Research Service convened a meeting to discuss legislative improvements removing unconstitutional elements of the law. Dr. Kim Myung-soo from the Korea Institute of Criminology and Justice was invited to present on the permissible range of marriages between close relatives. The presentation was followed by an open Q&A.
The presenter approach the prohibition matter in the Civil Act from legal, comparative, and genetic perspectives before suggesting directions for legislative improvement. First, legally, it was noted that Roman law prohibited marriage between second cousins once removed initially, later changing to between first cousins once removed, while Germanic law prohibited marriages between first cousins once removed. Secondly, from a comparative standpoint, it was explained that the United States has states that permit marriage between first cousins while others prohibit it; Germany, Austria, and Switzerland prohibit marriages between siblings; France, the UK, and Japan permit marriages between first cousins once removed; and China permits marriages between second cousins. Lastly, from a genetic perspective, it was mentioned that such marriages are associated with an increased risk of autosomal recessive disorders, but there is no clear evidence of association with other adult-onset diseases, suggesting the need to narrow the permissible range.
Following the presentation, Legislative Research Officer Ryu Hoyeon discussed the possibility of amending the current Civil Act, which designates marriages between close relatives as grounds for nullification, and proposed debating the option of revising it as a reason for cancellation. Furthermore, he discussed about the possibility of legislation to increase qualifications of plaintiffs who can file nullification suits to protect the trust of existing marital relationships.
Based on the results of the meeting, the NARS plans to explore legislative measures for improvement regarding the permissible range of marriages between close relatives. The discussions held during the meeting will also serve as a reference when providing legislative support to National Assembly members and their standing committees.
The Constitutional Court ruled unconstitutional on the provision of the Civil Act that nullify marriages between third cousins, and ordered to improve the legislation by the end of 2024. In response, the National Assembly Research Service convened a meeting to discuss legislative improvements removing unconstitutional elements of the law. Dr. Kim Myung-soo from the Korea Institute of Criminology and Justice was invited to present on the permissible range of marriages between close relatives. The presentation was followed by an open Q&A.
The presenter approach the prohibition matter in the Civil Act from legal, comparative, and genetic perspectives before suggesting directions for legislative improvement. First, legally, it was noted that Roman law prohibited marriage between second cousins once removed initially, later changing to between first cousins once removed, while Germanic law prohibited marriages between first cousins once removed. Secondly, from a comparative standpoint, it was explained that the United States has states that permit marriage between first cousins while others prohibit it; Germany, Austria, and Switzerland prohibit marriages between siblings; France, the UK, and Japan permit marriages between first cousins once removed; and China permits marriages between second cousins. Lastly, from a genetic perspective, it was mentioned that such marriages are associated with an increased risk of autosomal recessive disorders, but there is no clear evidence of association with other adult-onset diseases, suggesting the need to narrow the permissible range.
Following the presentation, Legislative Research Officer Ryu Hoyeon discussed the possibility of amending the current Civil Act, which designates marriages between close relatives as grounds for nullification, and proposed debating the option of revising it as a reason for cancellation. Furthermore, he discussed about the possibility of legislation to increase qualifications of plaintiffs who can file nullification suits to protect the trust of existing marital relationships.
Based on the results of the meeting, the NARS plans to explore legislative measures for improvement regarding the permissible range of marriages between close relatives. The discussions held during the meeting will also serve as a reference when providing legislative support to National Assembly members and their standing committees.
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