혼인무효의 소와 확인의 이익 — 대법원 2024. 5. 23. 선고 2020므15896 전원합의체 판결을 중심으로 —

A lawsuit for the nullity of marriage must have the interest of right protection. Even in the past legal relationship, if there is a legal interest in the present, it can be subject to a lawsuit of confirmation. In principle, past legal relationships are subject to litigation on the current legal relations affected by them. Furthermore, if past legal relationships affect various legal relations, They may be subject to a lawsuit of confirmation. The Supreme Court of Korea has acknowledged the benefit of confirmation when a marriage that was resolved in the past also directly affects the current legal relationships. However, some precedents denied the benefit of confirmation that it was disgraceful that the divorce was recorded in the family register. In the Supreme Court en banc Decision 2020meu15896 on May 23rd, 2024, it decided that the listing of a divorce in the Family Relations Register has an effect on the current legal relationships. Moreover, the Supreme Court provided specific criteria for judging the benefits of confirmation in the lawsuit for invalidation of marriage filed after divorce.