혼인 성립의 진정성 확보에 관한 문제

Problems on Securing the Authenticity of Marriage

The purpose of this paper is to introduce the marriage law and amendments of important countries focusing on the formation of marriage which recently experienced law amendments, and by studying comparatively find the suggestion to the marriage article of the Korean civil law. Particularly concerning the marriage law, freedom of marriage is a basic right of human which should be mostly guaranteed but marriage has its function and part as social system so there is limits to the freedom of marriage. It is necessary to conciliate the freedom and limits of marriage when regulating marriage. So when examining the marriage system and law of each countries we must consider the freedom and limits of marriage. In western countries the formation of marriage is freely achieved with sincere marriage consent and the restriction to the marriage is regulated at minimum. To secure the sincerity of the consent of marriage there is traditionally established system of complicate marriage procedures and registrar's substantial examining authority. These procedures are legally established to secure the substantial freedom of marriage and prevent imprudent marriage. Korean civil law allows marriage with consent and marriage registry. But in practice there are difficulties at confirming sincere consent of marriage because of simple marriage registering procedure and registrar having formal examining authority. so there are social, legal problems concerning disguised marriage, false marriage and common law marriage. In order to secure freedom of marriage based on sincere consent in present Korean marriage registry system, it is necessary to introduce complementary system or procedure to ensure the sincerity of marriage consent. By comparatively examining other countries' law, I present complementary measures to marriage registry of Korean civil law which is acceptable in practice.