젠더 관점에서의 이혼법제에 대한 검토

In 2015, Supreme Court of Korea did pubic argument and holds a fundamental opinion that is liability as a cause for divorce. But at the same time, the Supreme Court expanded the exception of breakdown principles. So, we need to review liability, breakdown principles and Korea's current divorce legal system. Looking into possibility of adopting breakdown principles, focused on Korea’s divorce realities, women’s realities and economic impact due to divorce, it is hard to accept breakdown principles at this point in time. Because of weak legal system and poor women’s realities. Upon investigations of foreign legislation, German, British and French legislation are initially held their ground as a liability and limited divorce reasons. Surely they accept breakdown principles with time, but it includes protection of children and ex-partners. After careful consideration of these points, before accepting breakdown principles, we need to reform divorce legal system to guaranteeing dignity of individual and gender equality in divorce. Through divorce legal system reformation, we will overcome existing divorce legal system’s matters like sexual discriminations, constraint conditions to women. And if these premises are realized, we can examine accepting breakdown principles.