A recent case in South Korea has sparked a move to ease laws related to consanguineous marriage. The Justice Ministry says it is now considering relaxing a law that prohibits marriage from within eight degrees of relations to four. A decision is expected by the end of the year.
The potential change stems from a 2022 case in which a man tried to nullify his marriage as he learned he was within six degrees of blood relations – or second cousins – with his wife. While a lower court determined that their marriage was within the eighth degree and declared it void, the wife appealed and requested a constitutional review of the law.
Subsequently, the Constitutional Court ruled that while the marriage was within legal grounds, a nullification of that union does not conform to the Constitution. During the Court’s decision, they ruled that invalidating such cases violates the freedom of marriage.
South Korea has long prohibited marriages between blood relatives within eight degrees of relations (called “chon” in Korean). A brother or sister is related to the person by the 2nd degree, nephews and nieces by the 3rd degree, first cousins by the 4th degree, etc.
The Korean law means people cannot marry third cousins or closer relatives.
This is largely due to the possibility of genetic diseases, which have a higher possibility of being carried on to children of consanguineous relatives.
As an example, children who are born from a fourth-degree union (first cousins), have a possible incidence of genetic diseases that is around twice that of children born from non-related parents. However, according to research, there is no clear relationship between fifth-degree marriages (and beyond) and the possibility of disease.
In this regard, South Korea has long been perceived as being legally restrictive.
From a legal standpoint and beyond social acceptance, such countries as France, the United Kingdom, and Germany allow marriages between blood relatives of fourth-degree relations (cousins) and beyond.
Even so, the possibility that the law may be changed has been met with some opposition, particularly amongst those who have strong Korean Confucian beliefs. Such beliefs go back centuries in the culture and involve moral disciplines – like loyalty and responsibility – as well as ideal relationships among family members.
Several Korean Confucian institutions banded together to release a statement on February 27th saying that potentially changing the law was “an act of family destruction” and demanded that the Justice Ministry stop its research into the matter.
“We cannot help but be shocked that after abolishing the prohibition on same-sex marriage, they are now pushing for a law amendment to allow marriage even between blood relatives and in-laws,” they said. “Radical changes to marriage culture will ultimately lead to the disintegration of families as well as the collapse of morality.”
In the face of such criticism, the Justice Ministry responded that they would make an amendment “considering the change in time and national sentiment based on thorough investigation and discussion processed by the Family Litigation Act Revision Committee.”
Hyun So-hye, a professor at Sungkyunkwan University Law School currently researching the issue, informed the Korea Herald that the push to amend the law seems to have stemmed from a notable decline in the number of individuals maintaining family ties with relatives beyond the fifth degree of blood relations, as observed in comparison with past trends.
This shift in societal dynamics may be contributing to the increasing cultural acceptance of marriages within these relations.
The Court has recommended revising the law by the end of 2024 but also advised that the current law should remain effective until amended.
