2022년 가족법 중요판례평석

This paper reviews some of the noteworthy decisions concerning Family Law of the Supreme Court in 2022. In principle, the divorce claim of the spouse at fault is not allowed. But if the marriage is broken down, divorce may be allowed exceptionally. A party of de facto marriage simultaneously with legal marriage may be protected exceptionally when the legal marriage exists only formally. Social and family relationships change rapidly, and the need for improvement in the inheritance system is growing. By legal interpretation, the efforts have been made to realize the ideology of the inheritance law, the equity of co-heirs. A judgment is made about the specific method for the division of inherited property. An heir in lieu of the deceased or disqualified person may be entitled to a share of the inheritance except a gift, special beneficiary to the deceased or disqualified person before his death or disqualification from the inheritee. If an heir, after having effected a limited acceptance, has failed intentionally to enter the inherited property in the property list, he shall be deemed to have effected an absolute acceptance. Claims for the portion of inheritance against the person who gives up inheritance. A gift to a person who has given up inheritance that have been given only for one year prior to the commencement date of the inheritance shall be included for the assessment of a legal reserve of inheritance.