가사비송재판의 불복방법

Abstract

This study set out to review methods to make objections to a judgment in family non-litigation cases under current laws and the wholly revised Family Litigation Act form the perspective of securing due process for the litigants and concerned parties. The general provisions under the wholly revised Family Litigation Act stipulate that an immediate appeal on the final and conclusive decisions of the first instance judgement concerning family non-litigation cases shall be available only when there are special regulations in the Family Litigation Act or Supreme Court rules (Article 74(1) of the revised Act0, and specifically state the cases eligible for an immediate appeal (the object of an immediate appeal) and a person eligible to bring an immediate appeal for each individual case. The Family Litigation Act offers provisions about the cases eligible for an immediate appeal and individuals with a right to an immediate appeal in principle, and the family litigation rules work to supplement these provisions so that no one will be unexpectedly deprived of the right to make objections to a judgement. According to the revised Act, the appellate court shall serve the other party the copy of a bill of complaint in case of an immediate appeal in family non-litigation cases(Article 75(2) and 60 of the revised Act). This is to properly guarantee an opportunity for the counterparty to make counterarguments and submit evidence from the perspective of ensuring the due process. The revised Act also provides that even in the absence of family fact-finding officers with the expertise of domestic cases at the appellate court, the family fact-finding officers at the family court of the first trial can be commissioned to take the necessary measures(Article 19(1), 11, and 12 of the revised Act). As such, the court of appeal that renders a direct decision on a trial on an appeal for family non-litigation case can fully exercise its expertise like in other determination procedures. Whether the principle prohibiting disadvantageous change may be applied in an appeal hearing in family non-litigation cases may be the issue in dispute. Review of individual cases, along with the consideration of the public interest of family non-litigation cases and the sponsoring role of the family court, suggest that the complaint and appeal provisions in the Civil Procedure Code are inapplicable.