개정 국제사법에 대한 해석론 ― 후견, 부양을 중심으로 ―

This article introduced the changes of the contents of the Private International Law revised in 2021, targeting the provisions on maintenance and guardianship, and reviewed the points to note in interpreting and applying the revised provisions. First, regarding maintenance, the following should be noted. Before 2021, there were only provisions for the applicable law, but the revised Act newly established Article 60, which deals with international jurisdiction reflecting the contents of international convention. It holds that the court in the country where the holder of the right has habitual residence shall have international jurisdiction, which is considered reasonable. However, there is a problem in acknowledging the jurisdiction of agreement and the jurisdiction of pleading. Second, it is worth mentioning the following in relation to guardianship. The revised law explicitly stipulated the rules of international jurisdiction in Article 61. It also stated that it applies to the guardianship of minors. In addition to daily residence and nationality, emergency jurisdiction was recognized for the location of property, reflecting the previous research results on the international jurisdiction of guardianship-related cases. However, the provisions on the applicalbe law remained the same. So Guardianship shall be governed by the law of nationality of the ward. Law of Nationality