남북한 및 해협양안의 이산부부 혼인관계에 관한 고찰

Abstract

There are many identical historical and cultural backgrounds between South and North Korea and between Taiwan and mainland China, respectively, while these regions are very particular in this modern society in that interruptions or restrictions of life-sphere are being prevailed due to the political issue. Specially, such interruptions or restrictions have been occurred for long time enough to generate many separated-couples. Thus, it has been very imperative that the legal treatment of the separated-couple has to be proceeded at the present time when such interruptions or restrictions are being gradually alleviated in these regions. It can be said that this kind of conflict between legal systems of both parties is brought about by political conflicts between both parties, however, it becomes a compelling subject to solve the problems caused by differences in legal systems between both parties, considering that human rights of both parties must be protected. For this end, the legal systems related to this issue are being improved in these regions. This study is aiming to obtain a clue for effective legal treatment of marital relations of the separated-couple between South and North Korea, based on the leading case of legal treatment on marital relations of the separated-couple between Taiwan and mainland China. Specifically, this study is not only focused on understanding the general trends of this matter but also on examining the latent issue that can be occurred from this matter, with the view of the comparative method rather than a practical settlement of this matter.