가사소송사건에서의 처분권주의

Abstract

The Korean Family Litigation Act prohibits recognition of claims in the case of family litigation of category “ga” and “na”, because of the principle of ex-officio finding of facts and examination of evidence. But some argue the range of prohibition should be extended to waiver of claims and/or compromise by courts. Others argue recognition of claims should be exceptively admitted even though, such as in cases of judicial divorce and/or judicial dissolution of adoption. This article is written for getting the right answer for it. To this end, I did a comparative law research(especially Germany and Japan), and studied the grounds of principle of disposition, the substance of the each case of family litigation of category “ga” and “na”, the actual effect of the extension or the reduction of a party’s right to disposal and the relationship of subjective scope of res judicata with principle of disposition, and concluded a compromise or a waiver or recognition of claims should be prohibited in every family litigation of category “ga” and “na” but a case of confirmation on whether a de facto marriage relationship exists and a case of judicial waiver of adoption between adults.