재산분할과 재혼

Division of Property and Remarriage

One of the parties, who have been divorced by agreement, may claim a division of property against the other party. However no agreement is made for a division of property, or it is impossible to reach an agreement, the Family Court shall, upon a request of the parties, determine the amount and method of division, considering the amount of property acquired by cooperation of both parties and other circumstances. In this case, the division of marital property that is the subject of cooperation of both parties is achieved during marriage. However, civil law is not clearly defined the cooperation of both parties that have achieved by both parties. So it is frequently emitted what is the subject of property division. In this paper, especially it is the subject of my interest that the property which was owned by a spouse before marriage is subject to divided. Scholars plead that inherent properties before the marriage do not be the subject of property division. However, if one of the couple contributed to the prevention of the reduction of the properties or increase of the other’s inherent properties, those properties are subject to division. Moreover the Supreme Court sentenced that the inherent property, as a rule, are not subject to division. However, one party distributed actively to cooperate in the maintenance of inherent property of the other party or to prevent the decrease in the multiplication of inherent property. In this case that we study on, there is no increase of marital property during marriage. Nevertheless, the court divided the property of the defendant to the plaintiff. I think this conclusion is unreasonable. Because the property that the court sentenced to divide to plaintiff is the inherent property that defendant had before the marriage. In the case of divorce, division of property which is acquired by cooperation of both parties is natural. However, in the case of remarriage, division of property is considered more carefully. Because, in the case of remarriage, the inherent property of one party is subject to divided.