On Thursday the Supreme Court overturned an old judgment that recognized only adult men as full members in their clans, and determined that adult women also must qualify as well. Most clans give full membership only to men, and so the decision advances gender equality. The efforts of those who followed through with this case, overcoming all sorts of difficulties along the way, was considerable.
Sexual discrimination is being done away with in all areas of our society, and so the failure to recognize women as full clan members was behind the times. You actually feel like the judgment was late in coming, since it came only after the Supreme Court decided to have the hojuje abolished.
The lawsuit has been called the "revolt of the daughters" and was a reaction to the discrimination women who had married into other clans have faced in dividing up clan assets. The decision should not, however, be seen only for its significance regarding property rights. Key to the finding is that men and women have the same rights and obligations in all clan decisions and events. Now there needs to be the socio-cultural change that makes sure women really get to exercise those rights and obligations.
The significance of the clan is shrinking in this ere of the nuclear family, and still there is always plenty of room for disputes relating to the clan. There can be different interests regarding clan property when a man's children become full members when they reach adulthood and a woman's children are members only during their mother's lifetime. Minors who will become full members when they become adults can have their rights infringed on if clan property is divided up while they are still minors. There needs to be an examination of the idea of consolidating laws dealing with clan issues.
The Hankyoreh, 22 July 2005.
[Translations by Seoul Selection (PMS)
[Editorial] 'Revolt of the Daughters' Achieves Progress |