국제이혼에 관한 국제사법적 고찰

As an international exchange becomes more active and individual activity expands globally, family relationships are gradually becoming global. Accordingly, domestic cases on foreign relations such as international marriage, international divorce, international adoption, etc. are rapidly increasing. In particular, since filing of a lawsuit in regard to international divorce case is remarkably increasing, foreigners are increasingly getting a divorce decree in our courts, as well as our people are in foreign lands. However, since legislation governing divorce case differs from country to country, it is usually difficult to address it in every specific case. As a result, it is imperative to analyse legislation and precedents on this and establish systematic theory based on this in order to deal with rapidly increasing international divorce case rationally and effectively. It is, above all, necessary to figure out accurate divorce institutions in terms of domestic substantive law in each country, in order to address effectively international divorce case like this. In addition, it should be determined whether the court where divorce suit is filed has international jurisdiction in terms of private international law and which country's law is an applicable law to govern international divorce case in the court granted jurisdiction. Furthermore, it should be discussed, in depth, whether the force of divorce judgment decreed in one country is admitted as a valid one in another country. In particular, this article focuses on the study of private international law in regard to international divorce case. It briefly mentions the institution of divorce in the United States, United Kingdom, Germany, France, China, Japan and Republic of Korea. This article is intended to examine legislation case as to jurisdiction of international divorce case in light of private international law and international law of civil procedure; and jurisdiction in country of residence, that of native country, and that in country of habitual residence, as specific criteria of private international law and international divorce jurisdiction. Furthermore, in regard to the determination of applicable law for international divorce, this research deals with legislation cases in each country and issues related with the application of private international law and governing law for international divorce, such as application scope of governing law for international divorce; governing law for divorce and renvoi; determination of governing law for divorce and native country's law. Finally this research examines legislation cases, specific articles on the Civil Procedure Code and the requirements for the recognition of foreign divorce judgment, in relation to the approval of ruling in foreign divorce. In short, this article seeks to establish comprehensive theory to address, more systematically, international divorce cases which might increase rapidly in the future, by comparing our own legislation with other countries' substantive law legislation and international law of civil procedure, while looking into international divorce case in terms of private international law.