초록 close

This article reviews the relevant legislations and the policies of the primary spheres respectively and analyzes their problems in order for Korean women to enjoy their rights to privacy more sufficiently. Korean women have so far been interfered with and regulated by the government and have not been fully guaranteed the secrecy and freedom of private lives in accordance with Article 17 of Constitution. Although the present laws and policies seem to vest the rights to privacy in women and make efforts toward protecting them in a way, the situation of the rights to privacy that women can enjoy is different in reality. First, as showed in the right to privacy, the right of contraceptions and abortions for women were degraded to just the freedom that can be enjoyed under the tolerance and the nonintervention of law or policy, as well as the right under the birth policy or control of the relevant policy, that lead to the fact that women's own decisions have not been respected. Second, as showed in the criminal conversation or adultery under the pretext of marriage, women's rights to privacy in the sexual sphere have been rather invaded under the excessive national protectionism in appearance. Third, an invasion of the secrecy of private lives of women is much common-or-garden and tolerant than that of men, since women occupy a lower status also in the societal power structure. In our case, woman victims of sexual crime and prostitution should be sufficiently guaranteed their rights to privacy on the process of investigation or trial. In conclusion, the government should respect women's decisions on the private sphere and make an effort to protect them substantially. In addition, we should actively find the ways for the right to privacy and existing equal right to improve women's constitutional rights.