While common-law marriage is not recognized under any Korean statute, the Korean Supreme Court has recognised cohabitation of a couple as a “quasi-marriage,” which entitles both parties to specific rights.
This recognition means that a couple who has been living together for a certain period of time — usually two years — may be regarded as being in a quasi-marriage, despite not having officially registered their marriage.
Specifically, both parties may be eligible for certain rights contained in the South Korean Family Law, such as maintenance, inheritance, among others.
To qualify for quasi-marriage status, a couple must be able to prove that they have cohabited for an extended period of time, and that they have at least an agreement of marriage. For example, a couple may be deemed to have an agreement of marriage if they have conducted themselves as a married couple, such as living together, supporting each other’s needs, celebrating of anniversaries and other important dates, or referring to each other with their marriage titles.
In conclusion, while common-law marriage is not legally recognized in the Republic of Korea, couples who have cohabited for a certain period of time may be eligible to certain rights as a quasi-marriage status.
Can Kim marry Kim in Korea?
No, Kim cannot marry Kim in Korea since same-sex marriage is not currently recognized in the country. Although, there has been some progress made in regards to LGBT rights in the country, same-sex marriage is still not officially allowed.
In 2020, a Korean court saw a same-sex couple file a landmark legal case where they sought the right to marry. However, the Seoul Central District Court ruled against the couple who brought forth the case.
This decision lowered the hopes of the LGBT+ community in Korea that were fighting to get equal rights of civil marriage. Although Korea is seen as more modern and progressive than other parts of East Asia, when it comes to same-sex marriage, LGBT+ rights are still severely lacking.
Why can’t Koreans marry same last name?
In Korea, it is generally not accepted or encouraged for people with the same last name to get married. This is due to a custom in Korean culture called the “bans on marriage with the same surname” (이름공동금지).
This practice dates back to the Joseon Dynasty, when the ruling family tried to maintain their royal lineage and stop the spread of their surname by forbidding marriage between people with the same last name.
Due to this ban, many Koreans in the same family will have different last names. This is often the result of laws instituted by the ruling dynasty, which for a time prohibited commoners from using the same surnames as nobility.
In this case, family members from the same lineage might adopt different surnames to differentiate themselves from each other.
In modern times, this practice is still in place, although it is not legally enforced. Instead, the custom is seen more as a social taboo than anything else. Many Korean couples who are related by blood or share the same last name will choose to take a different last name when marrying if they deems it necessary to avoid any potential stigma associated with the practice.