몽골의 재산분할제도에 관한 연구

Abstract

Mongolia and Korea are similar in that marriage is premised on legal marriage registration. Therefore, it is natural that the property distribution system is applied to married couples by law, but it is very different in that it is not applied by analogy to de facto marriage couples in Mongolia. In addition, Korea is logical in the definition of “de facto marriage” because Korean precedents stipulate the conditions for the establishment of “de facto marriage” and the circumstances to be excluded continue to be confirmed by the Supreme Court decision. In Mongolia, people also need to establish family relationships without registering marriage, which can be seen from the fact that 20% of the total number of families living together are in de facto marriages. Therefore, in the family common property distribution system, it is necessary to study the property distribution system of de facto families. In this thesis, the Mongolian law regulations on the property distribution system and the interpretation of the Mongolian Supreme Court were reviewed, and the property to be divided, the requirements of the claim for property distribution, the distribution ratio, and whether or not to recognize the de facto marriage relationship were reviewed, and regulatory issues were raised. In addition, through the judgment of the Supreme Court and the judgment of the lower court, it was examined whether the provisions on the property distribution system of legally married couples were applied by analogy to de facto marriage.