Korean divorce law still adheres to fault-based divorce. According to a majority of the Supreme Court, the main reason for not admitting a no-fault policy is that the preconditions for systems for financially protecting the spouse and children after divorce have not yet been satisfied in Korea. However, there is not much time left, so we must use this golden time for preparing protective measures for divorced women and their children, through legislative efforts. Re-conceptualizing pension entitlements as the object of property division through Court rulings and legislation deserves to be highly evaluated. It is also noteworthy that a belated but wise establishment of the state agency to enforce child support obligations and its soft landing may be seen.
Hyunjin Kim, Ph. D. (2011), Seoul National University, is Professor at Inha University School of Law, in South Korea. She has published monographs and many articles on Korean Civil Law, including
A Study on Security interest over movables and receivables (Kyoungin Munhwasa, 2013).
Table of contents
Chapter I Introduction;
Chapter II Korean Customs and Laws on Divorce Revisited
II. The Influence of Confucianism in Chosŏn Dynasty;
III. The Influence of the Japanese Colonization;
IV. Korean Civil Code of 1958;
V. Amendments to Korean Family Laws in Korean Civil Code;
VI. Significant Family Law Rulings;
Chapter III Procedures and Grounds for Divorce
II. Consensual Divorce: Freedom to Divorce;
III. Judicial Divorce: Grounds for Judicial Divorce;
IV. Judicial Divorce: Fault based and No-fault Divorce;
Chapter IV Marital Property Settlement upon Divorce
I. Management of Marital Property;
II. Division of Marital Property;
IV. Pain and Suffering Damages;
Chapter V Effect of divorce on Child
II. Custodian and Visitation Right;
III. Child Support Calculation Guidelines;
IV. Enforcement of Child Support Obligations;
V. Child Support Agency;
VI. Conclusion and Policy Implication;
Chapter VI Conclusion;
Lists of References.
All interested in the Korean divorce law system and trend, and anyone concerned with the economic consequences of divorce in the comparative legal perspective.