결혼 및 이혼 관련 형사법적 고찰-위장결혼 및 위장이혼을 중심으로-

Marriage, which forms the basis of all family life and has a significant impact on social order and national ethics, must be one of the most important systems in our lives. Therefore, our civil law is based on legal marriage, which can be even more important in situations where the crime of adultery is abolished under the criminal law. Therefore, it is protected by marriage by law, but agreement and registration of marriage are required between the marriage parties, and disguised marriage, fraudulent marriage, forced marriage, etc. with a purpose other than marriage are invalid or grounds for cancellation if there is no intention of marriage. Divorce is also such a serious system that couples are required to resolve their marriage due to consultation or legal reasons. Contrary to this purpose, it is a problem that after a divorce on paper through consultation between the couple and the couple for a specific purpose, they often maintain a common-law relationship while living as before. The Supreme Court holds that even if a divorce was made for tax evasion purposes, if there was an agreement of divorce intention at the time of divorce, the divorce would be effective. Therefore, if one spouse truly changes his mind and meets another reason rather than a disguise, there can be little that can be done even if one spouse feels betrayed by the other. As mentioned above, we have seen an increasing number of cases every year of abuse of our sound marriage and divorce system to avoid fulfilling legal obligations required by laws and regulations despite problems. Therefore, we would like to call attention to the fact that patriarchal marriage and patriarchal divorce are crimes subject to criminal punishment under the current law, and further suggest future criminal policy countermeasures at the next opportunity. First, it is a matter of fraud and fraud. Under the current law, which abolished the crime of adultery, marriage fraud, which is a case in which a person who does not plan to marry or who is already married takes the other's property by deceiving the other person as if he or she were going to marry, can be a crime of fraud, but simply impersonating a professional doctor, lawyer, representative of a company, public official or head of an agency does not constitute a crime of fraud (decriminalization). In some cases, it may fall under the Act on Aggravated Punishment of Specific Economic Crimes, the Special Prevention of Insurance Fraud, the Act on the Prevention of Damage to Telecommunications Financial Fraud, and the Special Act on the Prevention of Damage and Refund of Damage. Second, it is a crime of false marriage and failure to record the original copy of the notarial deed. If a marriage is reported only for the purpose of relocating abroad, even if the parties agree on the marriage itself and the intention to establish a status relationship as a couple is recognized by law, such an act is only a way to achieve another purpose and there is no intention of effectively wishing for the establishment of a true marital relationship. If a public official in charge of a ward office who is not aware of the marriage is falsely married for the purpose of moving abroad and enters the facts of failure in the family register corresponding to the original copy of the notarial deed, it is a crime of failure to enter the original copy of the notarial deed under the criminal law. Even if the matters stated in the original copy of the notarial deed do not exist or exist in appearance, if there is a defect that is invalid, such a description is a poor description, but if the written matter or the cause of the legal act exists objectively and there is a defect that is the reason for cancellation, the description does not fall under the poor description of the original copy of the notarial deed unless it is written in the original before it is canceled. Third, it is a matter of faked divorce and evasion of compulsory execution for the purpose of avoiding debt repayment. In the event that the business does not go well while doing the business, there are cases in which the property is transferred in the name of one's spouse in order to protect one's property even if it does not pay off debt, and under the Debtor and Bankruptcy Act, personal bankruptcy or personal rehabilitation is requested. Furthermore, if the creditor knows that he or she intends to file a lawsuit for compulsory execution and hides the property to avoid it, it may be a crime of compulsory execution exemption under the criminal law. As taxes on multiple homeowners increase, there are cases of false divorce for the purpose of tax avoidance, and this fake divorce will lead to property division, so the spouse is provided with a house in the form of a property division to avoid payment of transfer tax, gift tax, or comprehensive real estate tax. Fake divorce for tax evasion purposes is subject to criminal punishment for violating the Tax Offender Penalty Act. If you provide all your property as alimony during false divorce and apply for personal bankruptcy, fraudulent rehabilitation bankruptcy will be established in accordance with the Debtor Rehabilitation and Bankruptcy Act, Fourth, it is a matter of false divorce for the purpose of overseas migration and the crime of failure to state a notarial deed. As described above in marriage, in the case of a temporary masquerade divorce for the purpose of overseas migration, the divorce report is valid even if the divorce was made temporarily for the purpose of overseas migration. However, it may be a crime of failure to state a notarial deed under the criminal law. Fifth, it is a matter of false divorce and obstruction of business for benefit purposes. In the case of homeless people and single-parent families, since it is a priority in housing subscriptions, when a false divorce is received unfairly for the purpose of housing subscriptions, it may be a crime of obstruction of business under the criminal law. In addition, as the divorce rate increases, benefits for single-parent families from college entrance exams and study abroad increase, divorce under the guise of receiving such benefits may also be a component of obstruction of business.