가사소송사건에서 청구의 포기·인낙, 소송상 화해의 허용범위

The Permissibility of the Waiver or Recognition of Claims, and the Compromise in the Family Litigation

In the family litigation case, various opinions confront the interpretation of Article 12 of the Family Litigation Act and Article 220 of the Civil Procedure Act as to whether and to what extent the waiver or recognition of claims, and the compromise in the litigation are permitted. In the family litigation practice, the compromise in the litigation is widely used in judicial divorce cases and judicial waiver of adoption cases, and other categories of family litigation cases are closed with the compromise. Because Article 21 of the Family Litigation Act stipulates that the final and conclusive judgment which has admitted a claim of the family litigation case of Category A or B, shall have the effect on a third person, and after the final and conclusive judgment rejecting a claim under certain requirements, remaining complainants shall not file a litigation again, it is necessary to refer to Article 21 as to what extent to which the waiver, recognition and compromise of a claim with the same effect as the final and conclusive judgment when entered in the trial protocol, are permitted. The draft of full revision of the Family Litigation Act, which the Ministry of Justice submitted to the National Assembly in 2018, allows for the waiver of claims and the compromise in the litigation in cases of judicial divorce and waiver of adoption to reflect the family litigation practice. When the draft is codified, further efforts are needed to protect the interests of third parties on whom the waiver of claims or the compromise in the litigation takes effect.