국제이혼사건에서 대한민국 법원의 국제재판관할 결정 -대법원 2021. 2. 4. 선고 2017므12552 판결-

Prior to the introduction of Article 2 of the Private International Law in 2001, the law of precedents on judging the international judicial jurisdiction in international divorce cases which set the domicile of the defendant as a principle and the domicile of the plaintiff as an exception has been developed to judge each case on a case-by-case basis based on substantial relation with the introduction of Article 2 of the Private International Law. The Subject Judgment is an important judgment that accepts the judgment principle of Article 2 of the Private International Law in case of property law, clearly clarifies that Article 2 of the Private International Law applies to domestic cases as well, and sets the standard for the determination of international judicial jurisdiction in domestic cases. Since the rules for international judicial jurisdiction in the current Private International Law only provide basic rules, legislative demands have been continuously raised that the rules of international judicial jurisdiction should be specified by type in order to enhance legal stability and predictability of the parties. It is a good legislative step in that the Revised Private International Law has specified the criteria for determining international judicial jurisdiction by introducing 35 specific articles on international judicial jurisdiction. The Revised Private International Law introduces the general principle of jurisdiction of the defendant, adopts habitual residence instead of domicile as a connecting point in the decision of international judicial jurisdiction, and recognizes nationality jurisdiction only when both spouses are Korean nationals. Regarding property division, alimony, designation of parental authority and custodian, and claims for support, which are usually added to divorce proceedings, the Revised Private International Law recognizes the relevant jurisdiction, and the controversy over international duplicate litigation is also legislatively resolved. It is expected that there will be changes in the precedents in the future due to the enforcement of the Revised Private International Law. However, since the Revised Private International Law is the result of reflecting precedents, theories, and legislative theories, the general principles for the judgment of international judicial jurisdiction in the domestic cases presented in the Subject Judgment will continue to be cited as useful and valid legal principles.