북한이탈주민의 북한배우자에 대한 이혼소송 고찰

An application for separation from a spouse residing in North Korea was recently accepted by Seoul Family Court. Despite the many objections against deciding on North Korean marriages with South Korean laws, the issue of divorce proceedings for North Korean refugees is replete with many issues that need to be considered. First, this contradict"s South Korean constitution"s stance on North Korea, which it considers an antinational organization. Marriages in North Korea cannot be dissolved by decisions of the courts, but rather if deemed null or as per a decision of his excellency. This can be considered a limitation of legislative resolution that does not comply with the entire normative system. Second, there is the question of whether or not the North Korean spouse is a suitable as a defendant. The proceedings are held based on the testimony of the refugee, and it"s difficult for the courts to determine the North Korean spouse"s qualifications as a defendant. Third is the question of whether or not the remote possibility of reuniting with the North Korean spouse holds water as a "serious cause against continued marriage." Fourth is the issue of admissibility of evidence. For North Korean citizenship documents and death-and marriage-related submitted by the refugee in South Korean courts, there is no basis that such documents can have admissibility of evidence. This is because such recognition will in tern indirectly recognize the authority of North Korea"s legal system. Fifth is the issue of conveyance by public notice. At a time when traveling between North and South Korea is severely restrictive and the possibility of this changing in the near future seems remote, it"s doubtful whether or not conveyance by public notice would be effective. Ultimately legal disputes between North and South Korea will need to proceed in a private law format, from the normative symmetrical perspective.