가족법상 북한이탈주민의 남한사회 정착 지원 방안에 관한 연구 - 이혼의 특례를 중심으로

• 영문명: Study on Supporting Settlement of North Korean Defectors in South Korea based on the Family Law - Focusing on the Divorce Exemption Provision -
• 발행기관: 한국가족법학회
• 저자명: 文興安(Moon Heung-Ahn)
• 간행물 정보: 『가족법연구』家族法硏究 第21卷 3號, 391~428쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.11.30

영문 초록

  This treatise is triggered by an incident in July of 2003 in which divorce cases were filed by North Korean refugees who had been married in the North but left their spouses in the North in order to settle in the South, against their North Korean spouses wishes. As of July 2006, a total of 208 divorce lawsuits were filed, but they were left pending by the Seoul Family Court on account of looking into legal issues, thus posing an obstacle to the refugees" successful settlement in the South.
  This treatise is triggered by an incident in which the North Korean refugees who were married in the North but left their spouses to settle in the South filed for divorce in July of 2003. As of July 2007, a total of 208 divorce cases were filed and left pending by the Seoul District Court in order to study legal issues. This poses an obstacle to successful settlement in the South for these refugees.
  Act on the Protection and Settlement Support of Residents Escaping from North Korea, revised January 26, 2007, added special provisions for divorce in consideration of the above-mentioned development, allowing the previously pending divorce cases to be resolved. The issues discussed in the legislation of the special divorce provision shall be the focus of this treatise.
  The special divorce provision applies to North Korean refugees, protectees of the Act, and not accompanied by their spouse, so that they can marry in the South. A divorce from the spouse in the North is now possible if the proctectee is registered in the Family Register by divorce litigation and is then able to remarry. However, it is impossible to verify the presence of the spouse in the North and also to verify the relationship between them, so it is possible that divorce lawsuits may filed based on false Family Register records, causing significant legal and social cost.
  As a matter of legislation, this treatise proposes that North Korean refugees, when registering family relationships, concludes their Family Register by specially allowed divorce, and not record the North Korean spouses when creating a new Family Register. This will allow the state to avoid legal responsibility on account of negligent legislation in the cases where North Korean spouses reunite with their separated families, thus reducing reunification cost for Korea.
  This treatise is structured as follows:
  Ⅰ. Introduction
  Ⅱ. Protection of the residents escaping from North Korean
  Ⅲ. Problems of Creation of Family Register
  Ⅳ. Legislation and interpretation of special provision on divorce
  Ⅴ. Reunion of dispersed family members and bigamy
  Ⅵ. Conclusion

목차

Ⅰ. 서론
Ⅱ. 북한이탈주민의 보호
Ⅲ. 「취적」의 문제점
Ⅳ. 이혼특례규정의 신설과 해석론
Ⅴ. 이산가족의 재결합과 중혼(重婚)
Ⅵ. 결론
《참고문헌》
영문초록

키워드

북한이탈주민 새터민 중혼 이산가족 이혼 이혼특례 재혼 「북한이탈주민의 보호 및 정착지원에 관한 법률」 북한잔류 배우자 부재선고 실종선고 가호적 호적 가족관계등록부 가족관계등록창설 취적 North Korean Defector Bigamy Dispersed Family Divorce Exemption in Divorce 「Law regarding the protection and the settlement for support of the North Korean Defector」 Spouse remained in North Korea The adjudication of absence The adjudication of disappearance Census Registration Registration of Family Relations Establishment of Registration of Family Relations