事實婚保護法理의 變遷과 課題

Issues and Changes of Theory of De Facto Marriage

In Korea the protection of de facto marriage has been influenced by Japanese judicial precedent and theory, especially by the theory of quasi marriage. According to the present theory of quasi marriage, de facto marriage is nearly protected without variation as legitimate marriage by the marriage provision in civil law. But in modern society, the modes of de facto marriage are very much diversified. For that reason, this monograph strives to convey three types of de facto marriages: de facto marriage by chance, inevitable de facto marriage, voluntary de facto marriage. This monograph also demonstrates how each de facto marriage allows for different types of sanctions. Some legal measures should be especially allocated for bigamous de facto marriages to the extent that concurrent legal marriages should be substantially over (such marriages have not been protected because of illicit intercourse). Furthermore the surviving spouse of a de facto marriage should have the right of the division of the matrimonial property, not only onthe occasions of divorce and death of the spouse.