2020년 가족법 중요판례평석

Abstract

This paper reviews some of the noteworthy decisions concerning Family Law of the Supreme Court in 2020. It includes: (1) the Family Court shall decide matters concerning child custody in accordance with the best interest of the child. The court shall consider all relevant factoring: child's sex, age, the wishes of the child’s parents as to his custody, the wishes of the child as to his custodian, the affection and other emotional ties between the parties and the child, each parent's financial status and other circumstances. The court may award joint custody to the parents on the court’s belief that the parties are able to communicate regarding the best interests of their children. (2) Where the agreement on child support cannot or would not be made, the Family Court shall decide it upon a request of the party or ex officio. (3) the court’order of implementation may be awarded as to the provisional execution sentence. (4) A birth father may report a birth of his illegitimate child by the Family court’s confirmation. (5) The relative prescribed in Article 777 may bring an action demanding confirmation of paternity in the case of interest. (6) An invalid birth report may have the effect of an adoption report in case of meeting the requirements of adoption. (7) If the heir of the insured is an beneficiary of the insurance, the right of the insured proceeds shall not be included in the inherited property. (8) Where an inheritor has made an absolute acceptance without knowing the fact that his inherited liability exceeds his inherited property within three months after he is informed of the commencement of an inheritance, without any gross negligence, a limited approval may be made within three months from the date on which he knew such fact, the judgment may be made based on legal representative if heir is a minor. (9) Division of an inherited property shall be effective retroactively from the time of the commencement of the inheritance: but the rights of third with legal interests before the division shall not be prejudiced thereby.