Description
Book SynopsisKorean divorce law still adheres to fault-based divorce. According to a majority of the Supreme Court, the main reason for not admitting a no-fault policy is that the preconditions for systems for financially protecting the spouse and children after divorce have not yet been satisfied in Korea. However, there is not much time left, so we must use this golden time for preparing protective measures for divorced women and their children, through legislative efforts.
Table of ContentsChapter I Introduction; Chapter II Korean Customs and Laws on Divorce Revisited I. Overview; II. The Influence of Confucianism in Chosŏn Dynasty; III. The Influence of the Japanese Colonization; IV. Korean Civil Code of 1958; V. Amendments to Korean Family Laws in Korean Civil Code; VI. Significant Family Law Rulings; Chapter III Procedures and Grounds for Divorce I. Overview; II. Consensual Divorce: Freedom to Divorce; III. Judicial Divorce: Grounds for Judicial Divorce; IV. Judicial Divorce: Fault based and No-fault Divorce; V. Conclusions; Chapter IV Marital Property Settlement upon Divorce I. Overview; I. Management of Marital Property; II. Division of Marital Property; IV. Pain and Suffering Damages; V. Conclusion; Chapter V Effect of divorce on Child I. Overview; II. Custodian and Visitation Right; III. Child Support Calculation Guidelines; IV. Enforcement of Child Support Obligations; V. Child Support Agency; VI. Conclusion and Policy Implication; Chapter VI Conclusion; Lists of References.
