국제혼인의 파탄사유에 관한 실증적 고찰

• 영문명: An Empirical Study on the Breakoff of International Marriages
• 발행기관: 한국가족법학회
• 저자명: 한숙희(Han, Sook-Hee)
• 간행물 정보: 『가족법연구』家族法硏究 第24卷 1號, 111~148쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.03.30

영문 초록

The aim of this study was to examine the breakoff of international marriages empirically. For this, the investigator looked into divorce through the statistical data of international divorce in 2007. In addition, the investigator examined basic data of Supreme Court’s 100 judicial decisions of international marriage lawsuits which were registered on the decision making management system of the Supreme Court and then concretely analyzed the cause of international marriage breakoff by dividing it into annulment and divorce. As for the reason of breakoff of international marriage, there are such reasons of annulment as the withdrawal of marriage intention due to not receiving the certificate of marriage, running away from home after entering a country, and denial of entrance into a country. In the number of annulment cases actual reasons are all false marriages. As for the divorce cases of which plaintiff is a Korean, the general reasons are defendant’s running away from home after entering Korea, rejection of visa issue, and denial of admission into Korea. As for the divorce cases of which plaintiff is a male foreigner, the main reasons are such problems as related to money, the extension of length of one’s visit, and verbal violence. As for the divorce cases of which plaintiff is a female Chinese, the most frequent reasons are the exaction of money and its incidental violence and running away, and it is followed by violence, threat, and nonfulfillment of cohabitation obligation. As for the divorce cases of which plaintiff is a female Korean, there are such main reasons as the rejection of visa issue, conflicts due to language barrier and personality difference, violence, and morbid suspicion about wife’s chastity. As for the appeal divorce cases, there are such complex reasons as not returning home after employment on the pretext of commuting troubles after the period of occasional homecoming, avoidance of childbirth on the pretext of husband’s economic power, denial of sexual relations with the reason of fatigue, Korean male’s interests in foreign wife’s income, conflicts with woman’s parents-in-law, attempts of sexual relations against spouse’s intention, and making an illegal emigrant by reporting as running away from home though one leaves home temporarily.

목차

Ⅰ. 처 음 에

Ⅱ. 국제이혼의 실태

Ⅲ. 국제혼인의 파탄사유

Ⅳ. 맺 음 말

키워드

국제혼인 국제이혼 국제혼인무효사유 국제혼인파탄사유 국제사법 국제이혼판결 가장혼인 국제혼인무효소송 국제이혼소송 국제혼인무효판결 비자기각 international marriage breakoff of international marriage the reason of annulment of international marriage the reason of breakoff of international marriage Private International Law international marriage lawsuit annulment of international marriage lawsuit breakoff of international marriage lawsuit judicial decision of international marriage lawsuit false marriage rejection of visa issue