실종선고취소의 효과에 관한 소고

A Study on the Cancellation of Adjudication of Disappearance

It is the Adjudication of Disappearance that considers a person died under regular conditions in spite of no proof. In case of cancelling Adjudication of Disappearance, the effect is come into force retroactively. If a spouse married again, the effect of remarriage is a issue. If the two parties were good faith, pre-marriage isn't revived and post-marriage is valid as it stands. But, if one of parties or two parties knew that an absconder was alive, post-marriage is valid even though the cancellation of adjudication of disappearance and pre-marriage is revived. Therefore, the bigamy is occurred as the theory of cancellation claims. These result is discordant with basic principles of civil law that do not protect a person who knew and doesn't fit in survivor's intention which want diversion of previous state through cancellation of adjudication of disappearance. Also, if a survival life partner who was good faith at the time of adjudication of disappearance but knew this later remarried, it is necessary to protect this survival life partner. Therefore, it needs to establish newly regulation about this to civil law.