정조유린 위자료청구소송을 통해 본 법률적 주체로서의 여성

초록

Unlike in the past, when marriage was carried out according to the decision of parents and family, the fact that the right to choose was given to the person is sufficient to name an era of love. In particular, for women at the time when the feudal order was more restrictive, the act of dating itself, which was a process to choose a marriage partner and to openly express individual desires and emotions, can be said to be a revolutionary change. However, women had to pay for the freedom of dating in the next process of dating, such as marriage or separation, as the limitations of gender discrimination were still solid in the patriarchal customs and modern laws transplanted from Japanese imperialism. Above all, it was not easy for women at the time to become economically independent, so the life of a woman who could not claim legal status through marriage was inevitably difficult. It can be said that the consolation requirement suits for chastity defiling was made in the nature of resistance to the limitations and contradictions of the times. This lawsuit was a self-rescue measure found by women who had to pay the price for free love, but behind it was also aimed at protecting the rights granted to them by being judged and punished for violating their rights. In this aspect of protecting one’s rights in a way that receives compensation based on the law when one’s rights are damaged, one can see the aspect of being a “Homo Juridicus,” one of the attributes that explains the modern subject. For this reason, free love and the consolation requirement suits for chastity defiling can be said to be a symbolic event that marks the emergence of women as a modern subject and Homo Juridicus.

키워드