독일의 별거제도와 시사점

Abstract

Korea does not have a marital separation system other than divorce. Therefore, if a couple separates, the same legal effect as marriage occurs. However, there are few married couples who are currently separated. Especially in court divorce, the court has not accepted the spouse. As a result, married couples who are unable to reunite and are in a separated state will not be few. Marital separation is a type of life in which marital life is refused by married couples. This is different from normal marriage, and it is different from divorce because it is not yet divorced. Many of the married couples experience separation. Therefore, it is not reasonable to apply the laws that apply to normal marital relations to separated married couples. In this paper, we review the separation system in Germany and examine implications for Korea when Korea introduces separation system. First, the text explains the social context in which Germany adopted the separation system. In the process of transition from remarriageism to corruption divorce, the role of the separation system and the responsibilities of supporting the spouse were examined. The contents of the German separation system were explained concretely. Under the divorce law of the Federal Republic of Germany, the separation period is used as objective evidence of the marriage breakdown. If a couple agrees to divorce and fails to reach a one-year agreement, a separation period of three years is required. Separation is possible even if you do not have a common life together or you live in a house. The judge looks at the separation period and separation status and identifies it instead of looking for the mistake of the spouse. In this text, the interpretation of the provisions and precedents were examined. In addition, the German Civil Code has different regulations on separation: the German Civil Act differs from the Family Custody Act in that, in separation of the married couple, one party gives the other a right to claim separation (German Civil Code Article 1361) (Article 1361a of the German Civil Code), in case of a dispute over a marriage housing, a spouse for a decision to decide who will stay in the marriage housing (German Civil Code No. 1361 b), a couple separated for more than three years And a request for liquidation for the division of surplus joints (Article 1385 of the German Civil Code). I have reviewed the interpretation of the precedents according to these regulations and related contents. And we continued to examine the implications of the German separation system if we were to introduce a separation system. In this paper, the necessity of the separation system and the introduction of the separation system are examined to see what kind of separation system can be introduced in the future considering the situation of the current law. In this case, how the German separation system explained above is applicable.