가사심판의 효력에 관한 연구

A Study on Effect of the Legal Adjudication of a Non-litigious Domestic Case

The Domestic Litigation Act of Korea provides that the final judgment of the first instance on a family non-litigation case shall be rendered by adjudication in the article 39 paragraph 1. This provision applies to all of the following two kinds of procedure in non-litigious domestic cases: one is family non-litigation case of category D(라) which has rare disputes, and the other is category E(마) which is to solve disputes between both parties. However, paragraph 4 of the same article provides that the provisions concern-ing decisions under the Civil Procedure Act shall apply mutatis mutandis to adjudications. Is that mean that adjudication is the same as the decision? I do not think that adjudication is exactly the same as decision. Then, how can I understand the effect of adjudication? In this paper, I tried to understand the effect of adjudication of non-litigious domestic case: First, does the adjudication has binding force to the court? Second, can you say that the adjudication shall be fixed generally? Third, does the adjudication has res judicata? Fourth as the last, how can I understand the constitutive power and executory power of adjudication? As the answers of the above question and conclusion, I suggested that the existing opinions are to be changed according to the purpose and character-istics of the non-litigious domestic cases.