離婚訴訟의 國際管轄­ 1975년까지의 법원실무 ­

Abstract

Before 1975, the case law in Korea on international divorce jurisdiction developed almost entirely through unpublished cases in lower courts. The majority of lower court decisions recognized jurisdiction based on husband's nationality as well as jurisdiction based on either spouse's domicile. Only in minor cases, jurisdictional bases were more narrowly defined. Overall, however, there was a good balance between the idea of nationality-based jurisdiction and domicile-based jurisdiction, while it was still regrettable that the court practice refused to recognize wife's nationality as a jurisdictional base. Under such broad definition of jurisdictional bases, the lower courts scarcely found it necessary to rely on forum legis or jurisdictional renvoi, or to resort too frequently to the idea of voluntary submission or necessity. This tendency of the early lower court cases contrasts with the two later decisions of the Korean Supreme Court, Judgment of July 22, 1975, 74meu22 and Judgment of May 26, 2006, 2005meu884.