발간자료
인쇄
What can I do 1983
자료정보 : Tai Young Leetranslated by Soun Sook Chyung | Korea Legal Aid Center for Family Relations | 1976
목차
CONTENTS
FOREWORD..25
CHAPTER 1. ENGAGEMENT..29
1. People of legal adult age cannot be forced to become engaged.
2. The legal age for engagement is 18 for men and 16 for women.
3. A minor without parents may be engaged with consent of legal guardian.
4. Engagement of a partially incompetent person without consent of parents or guardian not legally recognized.
5. Marriage cannot be forced, despite engagement.
6. Suspension of civil rights or a more serious sentence constitutes grounds for dissolution of engagement.
7. Reason for dissolution of engagement in case one is declared to be partially incompetent after engagement.
8. Venereal disease as grounds for dissolution of engagement.
9. After engagement, the marriage of the fiance to another person constitutes grounds for breaking the engagement.
10. Breaking an engagement without due reason incurs liability for damages.
11. Sexual relations with a third party constitutes grounds for dissolving the engagement.
12. Engagement may be dissolved if one of the parties is unknown to be dead or alive for more than two years.
13. Engagement may be broken when one party puts off the marriage without any reason.
14. Party which causes grounds for dissolution of the engagement is liable for damages.
15. Engagement may not be broken only because one party refuses sexual relations.
16. Unnecessary to return engagement gifts upon dissolution of engagement without due cause.
17. Engagement by trickery can be dissolved.
CHAPTER 2. COMMON-LAW MARRIAGE..41
1. One party alone cannot register the marriage.
2. Common-law wife cannot enter the husband's family register after his death.
3. Legal wife is the first one to be registered as the wife.
4. Registration of marriage after husband is killed in the war.
5. Death of one spouse occurring after the mailing of the marriage registration application does not invalidate the registration.
6. Birth certificate registration mailed before parents' death would become effective even after death.
7. Child whose parents' marriage was not registered may be placed on the father's family register even after parents' death.
8. An offspring of common-law parents can be the head of the family.
9. Children of common-law parents entitled to inheritance.
10. Marriage of a common-law spouse to a third party can be stopped.
11. No formal process required for dissolution of common-law marriage.
12. Compensation claim can be made against a husband who destroys the common-law marriage without any reason.
13. You can claim damages even to his parents (or other family members) for interfering in your married life.
14. Common-law wife cannot bring a charge of adultery against common-law husband.
15. Wife with no marriage registration can claim damages against husband and woman with whom he committed adultery.
16. A method of calculation in compensation for damages to the wife in case of separation of a common-law couple.
17. Even a common-law wife can claim damages in place of her dead husband.
18. A common law wife can receive the civil service pension of her husband.
CHAPTER 3. MAN-WOMAN RELATIONSHIPS..55
1. Law provides no protection to a sexual relationship entered into on the condition of bearing a son.
2. Criminal liability when a wife takes away a mistress' possessions.
3. Damages may be claimed for sexual relations occurring on assumption of marriage.
4. Not a violation of chastity when both parties are in love and have sexual relations.
CHAPTER 4. MARRIAGE..61
1. A man over 20 years old can enter into marriage without parental consent.
2. Marriage is possible without parents' consent when a woman is over 20 years old.
3. A legal adult with no parents can enter into marriage without anyone's consent.
4. In case of an illegitimate person's marriage, consent of the legal mother is required.
5. Marriage is not permissible when both parties are relatives from the same family name and the same place of family origin.
6. Marriage permissible between persons of different family names but same place of family origin.
7.Marriage permissible between persons of the same family name but different place of origin.
8. Marriage is permissible though two people have the same name and place of origin if they are not of the same blood line.
9. Even though you are of the same name and same place of origin, after having a child and registering its birth, the marriage cannot be revoked.
10. Only with the registration of marriage is a couple legally recognized as such.
11. Procedure for marriage registration.
12. A Korean couple married in a foreign country can register their marriage in that place.
13. Possible for the husband to enter the wife's family register upon marriage.
14. A man can become not only a son-in-law but also an adopted son.
15. Marriage permitted with wife's younger sister after wife's death.
16. A man cannot marry his brother's wife after his brother's death.
17. Marriage is permitted with your brother's wife's brother.
18. Cannot marry step-father's children from a previous marriage.
19. Marriage with adoptive father prohibited.
20. A divorced woman or a widow cannot get remarried unless six months have elapsed from the day of the termination of the previous marriage.
21. A man does not have any waiting period for remarriage.
22. In case of bigamy the most recent marriage can be revoked.
23. Revocation in case of marriage by fraud.
24. Revocation of a marriage performed without knowing that one's spouse has a malignant disease which makes married life unprolongable.
25. Marriage registration can be made with the agreement of both parties.
26. Marriage with no agreement between two parties is null and void.
27. Marriage between persons of the same sex is null and void.
28. Marriage between a person and a soul is not recognized.
29. Each spouse has a responsibility to support the other.
30. Husband has a duty to support a wife who has no financial resources.
31. A married couple should live together.
32. Recognition of temporary separation.
33. Expenses for every day living incurred by wife must be met by the husband.
34. Husband is not responsible for wife's debt which she has incurred without his knowledge.
35. Property which a woman owns at her marriage remains hers.
36. Property which wife acquired with her own resources is hers.
37. Any property the title of which is unclear during the married life shall be considered common property of the couple.
38. A contract between wife and husband can be revoked at any time during their marriage.
CHAPTER 5. CHILDREN BORN OF THE MARRIAGE..83
1. Any child born to a woman during her marriage shall be recognized initially as the child of her husband.
2. The Court will decide who is the father of a child born to a remarried woman in case of uncertain paternity.
3. In case a man believes a child clearly is not his child, he can omit the child from his family register.
4. When a wife of someone who is legally incompetent gives birth to a child, after an extramarital relationship, a legal guardian may, upon the consent of the family council, take legal action and remove that child from the family register.
5. If any descendant of a child born as a result of an affair survives after the death of that child, the husband may bring an action of denial of paternity and omit that child from the family register.
6. An action of paternity denial can be brought by one's will.
7. A grandfather on behalf of his dead son may bring an action of paternity denial.
8. Husband may recognize the paternity of a child even after the conclusion of an action of denial.
9. Paternity recognized by fraud or threat can be revoked.
10. A child born out of wedlock can be put on the father's family register.
11. Even a child born out of wedlock shall be deemed a legal child upon the marriage of the parents.
12. In case some one else's child is registered as your child, you can remove his name from your family register.
13. Even a fetus can be recognized before birth.
14. A child born out of wedlock cannot be treated as one born during marriage on the family register.
15. A child born out of wedlock can be entered on the family register without the consent of the wife.
16. When his offspring survive, even after a son born out of wedlock is deceased, they may be entered on the family register.
17. Erroneous recognition of paternity can be revoked.
18. Both parents can exercise parental rights.
CHAPTER 6. ADOPTION..95
1. An unmarried woman who is of full legal age can adopt a child.
2. The method of reporting an adoption.
3. A child with a different family name can be adopted.
4. Even after the head of family is deceased, adoption can take place.
5. The family of a man must be adopted with him.
6. The eldest son of the head of a branch family can be an adoptive son in the main family.
7. An adopted son-in-law who does not share a common family name and origin cannot succeed to the headship of the adopted family.
8. Children of an adopted son-in-law cannot succeed to the family headship.
9. An adoption registration by a will should include an attested copy of the will paper.
10. A report of adoption can be made overseas.
11. An adoption done without consent between the parties is null and void.
12. An adoption done by husband without the wife's knowledge is null and void.
13. The adoption of a person under fifteen years of age without his parents' consent is null and void.
14. The adoption can be revoked when an adopted person has had a malignant disease.
15. Adoption is revocable when the adopted person is an ex-convict.
16. Adoption made by fraud can be revoked.
17. Adoption made by threat can be revoked.
18. Dissolution of adoption can be done by agreement.
19. The adoption of a person who has succeeded to the headship of a family cannot be revoked.
20. Dissolution of adoptive relation may be possible in certain cases even if the adopted person has become the family head.
21. A legally incompetent person can dissolve the adoptive relation by the consent of his guardian.
22. Method for dissolution of adoption by agreement.
23. Cause for judicial dissolution of adoption.
24. Adoption can be dissolved if an adopted child has squandered his family's fortune.
25. Maltreatment by an adoptive parent is a ground for dissolution of the adoption.
26. Dissolution is permitted when the life or death of the adopted person is unknown for more than three years.
27. When the original family has become extinct or there is no successor, the adopted child may restore the original family or establish a new one.
28. Report of dissolution is required even in case of a judicial dissolution.
CHAPTER 7. FINANCIAL SUPPORT..109
1. Even a wife has the responsibility to support her husband.
2. Responsibility of children to support their parents.
3. Even a father who has deserted his family can claim support.
4. A married daughter is obliged to support her own parents.
5. Duty to support is irrespective of place where parents are living.
6. Irrespective of age and ranking, children to support their parents.
7. Even an adopted son to support his real parents.
8. With regard to the duty of supporting parents-in-law, a daughter-in-law comes after their son.
9. Duty to support parents-in-law after husband's death.
10. Son-in-law has a duty to support his wife's parents.
11. Head of family to support brothers and sisters of that family.
12. Obligation between uncle and his nieces and nephews when they live together under the same roof.
13. The name of the provider of support can be designated.
14. Order to support parents can be decided through the court decision.
15. The court mediation about the support obligation can be adjusted according to the changing circumstances.
16. Being financially supported cannot be disposed of.
CHAPTER 8. INHERITANCE..119
1. When succession to the family headship is possible.
2. Report of family headship is required.
3. A son born out of wedlock precedes a daughter born in marriage.
4. A son born in marriage precedes a son born out of wedlock.
5. A daughter precedes a wife in order of succession.
6. Wife of an ex-head of family precedes his mother in the succession to the family headship.
7. Daughter of the deceased head of family precedes a daughter-in-law in the succession to the family headship.
8. What to do when a son born out of wedlock has become the head of family preceding a son born of the marriage.
9. Right to the family headship between a son and an adopted son.
10. The eldest grandson by the eldest son precedes a second son in the succession to the family headship.
11. A first son of the head of family cannot give up his right to the family headship.
12. The family burial ground and the book of the family tree belong to the first son.
13. Division of inheritance between daughter and son who is not the head of family.
14. Inheritance rights of a married daughter.
15. Joint inheritance for mother-in-law and daughter-in-law.
16. When a husband dies leaving a wife and his brother and sister, only the wife has the right of inheritance.
17. A daughter-in-law in place of her dead husband and a grandchild instead of his father have the right to inherit the grandparents' property.
18. A child born out of wedlock has inheritance rights.
19. Wife with no marriage report is not entitled to any inheritance.
20. A son who left because of adoption still has a right to inherit in his original family.
21. The inheritance right of her parents when a widow with no children dies.
22. Property of wife who died without a child goes to her husband exclusively.
23. The right of inheritance is denied to the elder brother when he has tried to kill his younger brother.
24. An unborn child has inheritance rights.
25. The right to inherit property can be given up.
26. One can be free from his dead father's debts.
27. The property of my third cousin's father (9촌) cannot be inherited.
28. The property of the deceased father cannot be inherited alone by the first son at his own discretion.
29. Partition of inherited property.
30. The case when the old Civil Law (prior to 1960) should be applied in the partition ratio of the property.
31. The case when the old Civil Law (1960-1978) should be applied to the partition ratio of the property.
32. Inheritance rights of a son born out of wedlock under the old Civil Law.
33. Wife will inherit property of her husband who was not the head of family and was deceased before 1960, preceding her mother-in-law.
34. System to leave some portion of the deceased's property to his surviving family.
35. Ratio of the share which should be left to the family.
36. The share is calculated after subtracting all debts.
37. The deficient part of the family's share may be taken from the inherited properties of a mistress and her children.
38. The deficient part of the share should be returned to the rightful person even though the property was donated.
39. A person entitled to a share of a deceased's property can claim restitution of a deficit related to a house inherited by a third party.
CHAPTER 9. WILLS..145
1. A will is valid when it follows the forms prescribed by the law.
2. A will can be made by anyone over 17 years of age.
3. The content of a will which will be valid.
4. A will by holographic document.
5. A holographic will must be directly written by the person making the will.
6. A will by sound recording.
7. A will by notarial document.
8. A will by a secret document must be securely closed up, with the testator's full name written and his seal affixed on the document.
9. A will made by an instrument of dictation.
10. A son who is a minor cannot be a witness.
11. One can always withdraw a will.
CHAPTER 10. DIVORCE..155
1. Two kinds of divorces in Korean Civil Law.
2. Divorce by agreement.
3. Divorce by agreement when a husband is abroad.
4. Divorce by agreement cannot be done without the presence in Court of both parties.
5. Spouse's act of unchastity is one of the grounds for divorce.
6. A kiss only does not constitute reason for divorce.
7. Spouses who are actual living separately from each other and are cohabiting with other persons respectively can get a divorce.
8. After an act of unchastity is once forgiven, divorce is not permissible on account of that act.
9. Divorce is not permissible because of unchastity if consent is given in advance to the act.
10. An act of unchastity that does not include sexual realations can be a cause for divorce.
11. You cannot bring a charge of unchastity only against a mistress.
12. Malicious desertion is a ground for divorce.
13. Just going abroad for study cannot be a reason for divorce.
14. Separation without reasonable cause is a ground for divorce.
15. Separation by agreement is not in itself a cause for divorce.
16. Living under the same roof and not having sexual relations is a ground for divorce.
17. Absconding without a due reason is a cause for divorce.
18. Going to foreign country, hiding one's whereabouts and not sending living expenses, all make divorce permissible.
19. Running away from home to find a more extravagant life is one of the grounds for divorce.
20. No automatic divorce even after one spouse has been away from home for six months.
21. Divorce is not automatic though you have lived separately for three years.
22. Maltreatment by a spouse or spouse's lineal ascendants is one of the causes for divorce.
23. Miscarriage by husband's beatings is a cause for divorce.
24. Vulgarity as a personal indignity is a cause for divorce.
25. Bodily injury is one reason for divorce.
26. Threat is a ground for divorce.
27. When a mother-in-law hinders a couple's sexual life divorce is permissible.
28. When a wife leaves home because of her husband's severe abuse, she will not be divorced on the ground of absconding.
29. When a spouse's lineal ascendant is extremely maltreated, it is one cause for divorce.
30. Starving a mother-in-law is one reason for divorce.
31. Divorce is permissible in case wife's mother is beaten up by husband.
32. In case of a daughter-in-law beating her mother-in-law, divorce is permissible.
33. Compensation can be claimed from wife's parents.
34. Husband whose life or death is unknown can be divorced.
35. Uncertainty about whether a spouse is dead or alive for more than three years is a cause for divorce.
36. If there exists a serious reason making difficult the continuation of married life divorce is possible.
37. Sexual disability is a cause for divorce.
38. A morbid suspicion about wife's chastity is a cause for divorce.
39. A bad drinking habit is a cause for divorce.
40. A propensity for theft is a ground for divorce.
41. Sexual perversion is a cause for divorce.
42. Divorce can be permitted because a mutual loan club was broken up many times.
43. Unchastity before marriage does not constitute ground for divorce.
44. Only a difference in religion does not make divorce possible.
45. Divorce is possible when husband has been sentenced by the Court.
46. Mental disorder is a cause for divorce.
47. Divorce is permitted from husband who does not work and wants support and aid from wife's parents.
48. Severe waste of money by wife is a cause for divorce.
49. Homosexuality is a cause for divorce.
50. Excessive gambling is a cause for divorce.
51. Narcotic addiction is a cause for divorce.
52. Severe body odor is a cause for divorce.
53. Habitual taking of poison is a cause for divorce.
54. Divorce not permissible on grounds that wife does not have a dowry.
55. Sterility is not a cause for divorce.
56. A past love affair that one cannot forget is not a cause for divorce.
57. The fact that a husband is out of work and living on his wife's pay cannot be a cause for divorce.
58. Divorce is not permissible, though wife visits her husband at work because he does not return home.
59. Carelessness in cleanliness and sanitation does not become a cause for divorce.
60. Divorce is not permitted because husband and wife do not love each other.
61. Tuberculosis cannot be a cause for divorce.
62. Jealousy is not ground for divorce.
63. Debts cannot be a reason for divorce.
64. One cannot divorce one's wife just because she was raped.
65. Divorce in reality which was not completed because divorce report was not made is possible as a judicial divorce.
66. An application for divorce by a person causing a serious reason for divorce may not be accepted.
67. Divorce is not permissible because of the fault of a brother-in-law.
68. One's personal seal ('tojang') on the report for a divorce by agreement does not make divorce effective.
69. Divorce is permitted from a second wife who abuses children of former wife.
70. A divorcee has a right to see her children.
71. Wife has no right to take her children's family register in case of divorce.
72. When the matter of the bringing up of children is not agreed upon in case of divorce, one must follow the Court's decision.
73. Divorcee has no parental rights.
74. Though mother is raising children, father has parental rights.
75. Wife can receive financial support from husband to raise children.
76. Person to raise children can always be re-designated.
77. Expenses which were incurred for raising children cannot be received retroactively.
78. The person who firsts suggests divorce is not necessarily responsible for alimony.
79. Alimony may be paid in installments.
80. Calculation base for alimony.
81. Wife can demand compensation from husband's mistress.
82. A man also can receive alimony.
83. A wife who worked may receive a larger share of alimony.
84. You cannot claim compensation from wife's parents on the ground of wife's desertion.
85. Parents-in-law have to compensate when divorce occurs because of abuse by parents-in-law.
86. Divorce by fraud is revocable.
87. Report of divorce by agreement cannot be made by husband alone.
88. A Korean woman married to an American man can divorce him in Korea.
89. Property can be seized without deposit money in an action for divorce.
90. When one who is divorced by litigation is unaware of the proceeding, he can apply for a new trial.
CHAPTER 11. FAMILY REGISTER AND FAMILY COURT PROCEDURES..209
1. A widow can return to her parents' family register.
2. A divorcee cannot set up a new family when she has her parents' family register.
3. A divorcee with nowhere else to go after divorce can establish a new family.
4. Method for children of a previous marriage to be entered into second husband's family register in case of remarriage.
5. A child born out of wedlock who is the head of his family can have his mother's name on his family register.
6. A woman can establish a branch family.
7. The eldest son cannot establish a branch family.
8. A head of a family can force any family member to set up a branch family excluding the eldest son.
9. An adopted son can establish a branch family.
10. Report of birth can be done by others, not parents.
11. The date of birth should be correct even on a report filed later.
12. You have to pay a fine when the report of child birth is late.
13. A child born out of wedlock can enter into his mother's family register or set up a new family.
14. A way to enter into a family register for a person who has no family register.
15. An orphan who does not have parents can have a family register.
16. Even after setting up a new family, one can re-assume his original family name and family origin if he finds out about his parents.
17. Age on the family register which was recorded by parents' mistake can be corrected only upon approval of the Court.
18. In case age was written down incorrectly on the family register by a public official, the official can correct it upon the approval of the supervising Court.
19. Record of one's sex on the family register which was incorrectly written down by one's parents can be corrected.
20. Name on the family register cannot be changed simply because one does not like it.
21. Name can be changed upon the approval of the Court when there are two persons of the same name in the neighborhood.
22. Any error in a person's name on the family register can be corrected.
23. A name which is difficult to write or read can be changed.
24. Name on the family register can be changed into a name by which one has been called for a long time.
25. A name in Japanese style can be changed upon Court approval.
26. A person's family register can be corrected when the fact of his life or death has been unknown for more than five years.
27. Declaration of a missing person can be revoked.
28. The family register of a resident of North Korea can be corrected.
29. After declaration of absence, a person may be removed from the family register.
30. Declaration of absence is revocable.
31. Problems which fall under mediation.
32. Constitution of mediation committee.
33. Examination period of a mediation case is two months.
34. The court transcript of mediation has the effect of legal reconciliation.
35. In case of failure of mediation, the Court adjudicates the case.
36. Cases which will be adjudicated.
REVISED PROVISIONS OF THE FAMILY LAW..231
PROVISIONS OF THE FAMILY LAW TO BE REVISED..237
GLOSSARY..241
A LIST OF ABBREVIATIONS OF THE LAWS..243
