헤이그국제부양청구협약에 있어서 외국부양결정의 승인 및 집행에 관한 해석론적 고찰

According to the recent rise in international marriage and divorce around the globe including our country, the diverse and complex international family cases such as the maintenance payments order case in the child of having a foreign element or as the international support fee claim case are expected to be gradually frequent. Hence, it will be very significant and imminent just now in the work of trying to deeply discuss the possibility of joining ‘Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance,’ which is the most influential and comprehensive agreement of having come into effect relatively these days among international treaties related to global support issues. Especially, this study is being analytically examined about the recognition and enforcement of foreign decisions relating to maintenance in the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. First of all, a general review is being made such as background, significance, objective, application scope, composition and overview in the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. Sequentially, the specific contents are being addressed in relation to the recognition and enforcement of foreign decisions relating to maintenance pertinent to the same convention. In other words, it is being analytically considered the procedure on an application for recognition, the findings of fact, no review of the merits, the physical presence of the child or the applicant not required, the maintenance arrangements, the decisions produced by the combined effect of provisional and confirmation orders, the enforcement by the state addressed including the scope & bases of recognition and enforcement, the severability, partial recognition & enforcement, the grounds for refusing recognition and enforcement, the procedure on an application, the alternative procedure on an application, and the application documents. Finally, it is being comparatively analyzed the issues on the recognition and enforcement of foreign decisions relating to maintenance in light of our country’s current law. That is to say, it is being reinterpreted the possibility of its application to the recognition and enforcement of foreign decisions relating to maintenance, respectively, in the Code of Civil Procedure Rules pertinent to the recognition of foreign court and the Code of Civil Procedure Rules pertinent to compulsory execution and judgment execution in foreign court, and is being arranged the relationship with the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. It is thought to be necessarily mediated deeply on the original objective of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, which tries to guarantee the effective international claims for the child support and the family support in other forms through having the comprehensive cooperation system between treaty-state institutions, through making the useful application code for establishing decisions on support, through regulating for the recognition and enforcement of decisions relating to maintenance, and through demanding an efficient method for the immediate enforcement of decisions relating to maintenance in the actually current situation of being happened an international maintenance issue and of being collided each different law system among countries. Our country is now in the status of having only general provisions in light of the Civil Procedure Act and the Civil Execution Act pertinent to the recognition and enforcement of foreign court. Thus, there is a concern about coming to be placed in an extremely difficult situation relevant to its interpretation and application in a case of being occurred an international maintenance issue and in a specific issue especially when considering in relation to the recognition and enforcement of foreign decisions relating to maintenance. Therefore, there will be a need to have it as an opportunity of newly understanding more desperately the possibility and necessity of joining the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance through the analytical consideration on the recognition and enforcement of foreign decisions relating to maintenance that this study addressed.