이혼 후 재산분할의 비율 및 이혼 위자료액의 결정: 2009년~2011년 합의부 재판례의 실증분석

This paper investigates positively how the judges’ discretions are exercised in divorce decrees in relation with the judicial precedents and the doctrines and how much the freedom of divorce and the after-divorce welfare of a party of husband and wife are protected. In order to provide evidence, we implement an empirical or statistical analysis about the determination of ratio of marital property division and pain and suffering by using the first instance panel decrees rendered from 2009 to 2011 in Korean courts. Data show that average ratio of property division for the plaintiff is 46% and average pain and suffering is 26.8 million won. In the regression analyses, duration of marriage, ages of husband and wife, and working status turned out to be important determinants of property division while duration of marriage, net properties of each party, and infidelity as a reason of divorce are decisive factors for the amount of compensation for pain and suffering.