다문화가족의 국제사법적 쟁점 - 양자적 이혼승인조약의 체결방안 -

Abstract

International divorce cases are increasing in number, with the growth of international marriage. Notably, cross-border arranged marriages are constituted with women from a handful of East-Asian countries. Such special relationship with a particular country may justify a bilateral agreement with that foreign state in the matter of marriage, divorce and related matters. The practical value of having a series of bilateral agreements with regional partners is highlighted by the relative obscurity of internal law in this area. The criteria for international jurisdiction in marital causes are made uncertain through the Supreme Court's changed approach. There is still a large vacuum of judicial precedents on what kind of special treatment is required of recognition of foreign judgments in personal matters. In this setting, initiating codification efforts in the form of bilateral agreement may be a breakthrough of the impasse. It may be particularly useful, if the Korean government may lead the bilateral negotiation process so that an ideal set of rules may be included in the bilateral agreements with regional partners. The set of rules thus created may also function as a precursor to domestic legislation that may follow in some future.