한국 가사소송법의 법체계적 지위

The Korean Code of Domestic Litigation, which has taken effect in the year of 1991, is different from the similar codes of other countries in Asia. It is the unique code which has almost of all provisions of domestic litigations and non-litigation cases in Korea. In other words, all of the cases of the Family Court are regulated by the Code and anyone cannot file domestic cases with the district court. Some one says that it could be a model to other countries. But after the history of 20 years of the Code, there are several discussions pointing the legal status of the Code: i.e. relation between the Code and the Civil Code of Korea; relation between the Code an the Civil Procedures Code of Korea. In Korea, more than one hundred thousands of domestic cases are filed one year, and about a half of them are litigation cases. It means, in spite of “the tendency of non-litigationalization of litigation cases,” there are a lot of litigation cases more than non-litigation cases. And there are some people arguing about the standards of distinguishing two kinds of cases and some problems from the procedural point of view.