의식조사를 통한 파탄주의 도입 가능성 모색

Abstract

Amid two conflicting views toward causes of judicial divorces, which are fault-based divorce and breakdown divorce principles, this study aims to survey how the general public and expert groups, who influence and are influenced by improvements on divorce laws and systems, view and perceive marriage, as well as their opinions on the adoption of a breakdown divorce principle, in order to explore the possibility of its acceptance in the improvement of divorce laws and systems in the future. A significant finding of the survey is that, respondents don’t want to restrict application for divorce by guilty spouses unconditionally, even in cases of judicial divorce. Also, the public sentiment, in deciding a divorce, gives more weight to whether the marriage has broken down than non-guilty spouses’ rights to maintain a marriage. Nevertheless, the survey has found that respondents are highly concerned about what may ensue if a breakdown principle is applied. In particular, they are highly concerned that non-guilty spouses cannot get compensation for disadvantages and could face severe difficulties in the process of divorce and thus, they strongly call for supplementary measures to prevent such cases. This indicates that the public sentiment is that the adoption of a breakdown divorce law does not mean a complete abolition of the fault divorce principle; there must be ways to make compensation for the disadvantages faced by non-guilty spouses. The fact that the purpose of all such measures is not to impose punishment for faults in marriage but to guarantee quality of life after divorce indicates that our society is quite mature in terms of social acceptance. In conclusion, it is necessary to develop effective and detailed supplementary measures that reflect the public sentiment and reality while introducing essential elements of the breakdown divorce law in deciding divorce cases. Thus, it is necessary that experts from all walks of life thoroughly examine what improvements are required and what the costs of such improvements are, and that the public opinion be extensively surveyed.