가사사건에 관한 국제재판관할규칙 ― 친자관계에 관한 사건을 중심으로 ―

As families form and dissolve across international borders recently, domestic family procedure law does not adequately meet the needs of parents and children with ties to multiple legal systems. In order to cope with such a situation it is necessary that the rule on jurisdiction in international family matters be established. The best solution is to make court that is most substantially related to the case have jurisdiction of it. This issue is especially important regarding to family matters. Every country has developed not only the substantive law but also the procedural law on family matters according to respective tradition. For this reason, where to file a lawsuit can decide who will win the trial, and this is what causes people to fall into the temptation of so-called forum shopping. To overcome this situation and to realize the ideas of clarity, predictability and legal certainty, it is urgently needed to establish judicial jurisdiction in international family matters. But the Supreme Court's precedent on this issue does not show a clear solution. The Article 2 of the Korean Private International Law, the only positive law on international jurisdiction newly introduced in 2001, also declares only abstract principles. For these cases, we should arrange concrete, detailed rules relevant to each class of family matters. In many types of legal dispute between family members, that of parent-child relationship is the most adequate to be dealt with in respect of international jurisdiction, because the principles unique to this should be coordinated with the best interest of the child principle innate to that. In this respect, the most ideal form of the international jurisdiction in cases on parent-child relationship is summarized as such: to acknowledge the child’s domicile as the first connectiong factor, parents’ nationality as the supplementary one.