家族法上 法律行爲에 있어 意思와 申告

Intention and Registration of Legal Action in Family Law

In this study, I researched the relationship between intention and registration in legal action of Family Law. Legal action in family law is consist of two forms. One is a matter of intention such as agreement of marriage, agreement of adoption, agreement of divorce and the other one is a matter of registration that became effective with registration such as marriage registration, adoption registration, consented divorce registration. Discussions before were leaning toward forms of intention or registration hence the relationship between intention and registration was often severed or the interpretation of intention was not logically connected to the substantial of registration. The intentional status change becomes effective only when both the intention and registration of one person exists. Then, there could be a case of an agreement of both parties without registration or a case of registration agreement without intention. Especially, a social environment that cohabitation after a wedding is thought as a lawful couple, a legal environment that a registration procedure is easy and a registration officer has no right to inspect, and unstabled Korea legal environment makes the form of intention and registration almost impossible to correspond with each other. I suggested both a theory of interpretation and a theory of legislation on the ground of marriage about how to analyze when the intention and the registration is not correspond with each other. Also I examined divorce and adoption on the ground of a difference of marriage. Consequently, on the ground of marriage, as a theory of substantial marriage agreement, it is appropriate to conclude that marital relation means intention to marriage registration. And substantial of marriage registration is only a procedure of public law to registrate their marital intention. Since most of the dispute about marriage comes from a simple procedure of marriage registration, I suggested to revise a law to registrate when the wedding is held.