국제이혼의 법적 문제

Legal Problems with International Divorces

&nbsp;&nbsp;It’s been the common approach towards legal problems regarding negotiable family cases from the perspective of the substantive law. But the guarantee of safety in international private life demands more than the regulations from the substantive law, which is manifested in the choice of law. It’s fairly natural that the regulations of the adjective law should be consulted too since resolving an international case is not possible only with the regulations of the substantive law by the choice of law.<BR>&nbsp;&nbsp;Thus this study conducted a review of the legal problems involving international divorces in the order of ① the proper law for international divorces, ② their international jurisdiction, and ③ approval of foreign divorce decisions.<BR>&nbsp;&nbsp;Article 39 of Private International Law matched the proper law of international divorces with that of common effects of marriage considering the fact that a divorce was a cause to make the status effects of marriage ineffective. Accordingly the first choice of law was the law of domicile common to the couple, the second was the law of habitual residence common to the couple, and the third was the law that’s the most related to the couple. In the process, the elements of sex discrimination were<BR>removed.<BR>&nbsp;&nbsp;It’s right to accept the jurisdiction of one of the couple’s residence country in a case of international divorce. Such a principle can be applied to the international jurisdiction of an international divorce mediation.<BR>&nbsp;&nbsp;Since there were no particular regulations for the approval and execution of a foreign family case decision prescribed in the family law litigation act, Article 217 of the Code of Civil Procedure was applied to such cases according to Article 12 of Family Law Litigation Act. Thus it’s necessarily interpreted that the regulations of mutual guarantee would be applied to a family decision.