이혼시 재산분할에 관한 최근 판례 분석

Abstract

From the beginning of 1999, a spouse could claim for division of marital property that was acquired during a marriage on divorce as an Article on distribution of marital property was stipulated in Civil law in Korea. Under the newly established institution, the divorce parties are encouraged to settle distribution of martial assets privately on the first place. If the parties fail to reach a property settlement they could file the case to the family court. Upon application of a party on division of marital property, the court considers a number of factors including the total amount of assets acquired by the couple during marriage and then determines the distributable amount and the way to divide the property. In Korea, the calculation of full-time housewives entitlements in the division of assets has draw much attention because court decisions are clearly related to acknowledgement of indirect contribution in the form of childcare and housework and their economic value. About the distribution of marital property for housewives, two studies were conducted in 1998 and 2005. This study is also about the ratio of property distribution for women. Compared to the previous studies, it found that the number of cases in which equitable distribution (50:50 divisions) between the couple increased. It could be translated that women’s right in divorce has been improved. However, women are still unfavorable in the division of pension rights even though pension is also marital property to the extent that it is earned during the marriage. In conclusion, while women’s legal status in divorce cases has been improved significantly, there are still drawbacks to be handled.