혼인관계가 이혼으로 해소된 후에 혼인관계의 무효 확인을 구할 수 있는지의 여부 ― 대법원 2024. 5. 23. 선고 2020므15896 전원합의체 판결 ―

In the Supreme Court’s sentence of May 23, 2024, 2020Mu15896, the issue was whether there was a benefit of confirmation to seek confirmation of invalidity of a marriage relationship that existed for a certain period of time even after the marriage was resolved through divorce. In general, legal relations in the past cannot be subject to a lawsuit for confirmation, but it was considered that the benefit of confirmation was exceptionally recognized when it became the premise of a current or potential dispute between interested parties and could be an effective or appropriate means to resolve disputes related to the confirmation of the past legal relationship itself at once. The reasons for the judgment are as follows. ① An invalid marriage and divorce have different legal effects. ② The Domestic Litigation Act provides for a method of filing a lawsuit to confirm the invalidity of a marriage relationship when either of the couples dies and the marriage relationship is resolved. ③ The benefit of confirmation is recognized in a lawsuit for confirmation of invalidity of adoption filed after the parent-child relationship was resolved due to the disagreement. ④ In order to secure objective evidence to request correction of the family relation register, it is necessary to file a lawsuit to confirm the invalidity of the marriage relationship. ⑤ In terms of protecting the rights and interests of the people, the court should actively accept the interests of confirmation as much as possible.