The Abolition of the Hoju System and Intergenerational Conflict in South Korea

The abolition of the (호주제) system in 2005 marked a watershed moment in South Korea’s legal and cultural history. Originally institutionalized during the Japanese colonial period and reinforced in post-liberation Korea, the system designated the male “head of household” as the legal representative of the family, thereby embedding patriarchal authority and limiting women’s legal individuality. While administrative in function, the system symbolized deeply rooted Confucian values that prioritized paternal lineage and suppressed gender equality.

As South Korea underwent rapid industrialization and democratization after the Korean War, feminist organizations, civil rights activists, and legal scholars increasingly challenged the system’s constitutionality. They argued that it violated principles of human dignity, equality, and international commitments to gender rights. In 2005, the Constitutional Court of Korea declared the system unconstitutional, framing its abolition as essential to advancing democratic and constitutional principles.

Beyond its legal significance, the reform highlighted broader cultural shifts and intensified intergenerational tensions. Older generations, influenced by Confucian ideals of hierarchy and filial piety, often perceived the reform as destabilizing traditional family structures. Younger Koreans, by contrast, embraced the change as a necessary dismantling of patriarchal norms and an affirmation of individual rights.

This chapter discusses the abolition of in Korea as a case study in how legal reform can function both as a reflection of societal transformation and as a catalyst for cultural change, underscoring the dynamic interplay between law, tradition, and modernity in Korea’s ongoing negotiation of identity, family, and gender equality.