2025년 가족법 중요판례평석

This paper reviews some of the noteworthy decisions concerning Family Law of the Supreme Court in 2025.: (1) As a married couple constitutes an economic community, a spouse’s actions that jeopardize the economic foundation of the household may constitute a "serious cause making it difficult to continue the marriage". Regarding the division of property upon divorce, the assets subject to division are those acquired through the mutual cooperation of both parties. If financial or non-financial support provided by the parents of one spouse contributes to the formation or maintenance of assets, such support may be considered a contribution by that spouse. However, such contributions may be disallowed if they conflict with the legislative intent of Article 746 of the Civil Act (Performance for Illegal Cause). (2) The Court ruled that surrogacy contracts are void as they violate Article 103 of the Civil Act (Juristic Acts Contrary to Social Order), and a legal relationship is established between the surrogate mother and the child. Furthermore, a lawsuit filed by a surrogate mother against the child may be deemed an abuse of the right to sue if it contradicts the welfare of the child. A judgment was also rendered affirming that a child born out of wedlock may claim past child support from the biological father. (3) The Court held that a person who is not the the person traditionally in charge of ancestral rites may still claim alimony for the damage. A ruling was delivered concerning the attribution of inheritance debts in cases where a claim for the legal reserve of inheritance is filed against a testamentary donee by universal title.