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Article 809 of the Korean Civil Code information


Article 809 of the Korean Civil Code (Korean: 민법 제809조) was the codification of a traditional rule prohibiting marriage between men and women who have the same surname resulting from belonging to the same clan and possessing the same genealogical patriline and sharing the same ancestral home (bon-gwan). On 16 July 1997, the Constitutional Court of Korea ruled the article unconstitutional.[1] The National Assembly of South Korea passed an amendment to the Article in March 2002, which came into force on 31 March 2005, and prohibited marriage only between men and women who are closely related.

  1. ^ Same-Surname-Same-Origin Marriage Ban case (95Hun-Ka6 on Article 809 (1) of the Civil Act);
    ^ THE FIRST TEN YEARS OF THE KOREAN CONSTITUTIONAL COURT (PDF), Constitutional Court of Korea, p. 242 (p.256 of the PDF), archived from the original (PDF) on 2012-02-19.

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