협의이혼제도의 운용실태 및 개선방안 ―이혼숙려기간제도 및 상담권고제도를 중심으로―

Abstract

Three years have passed since the system for a divorce by agreement was revised and implemented. This paper is designed to check the operation of the scheme for a divorce by agreement, assess the system, and identify measures to improve the structure. The operation of the divorce system was checked through a diversity of methodologies. First, by analyzing official statistics regarding divorce from Statistics Korea and courtroom statistical data, situations before and after the consideration period system was introduced were indirectly compared. In addition, the survey regarding the operation of the scheme for a divorce by agreement and the degree of satisfaction was conducted, based on the following five categories such as court employees, judges, counselors in the court, divorce applicants with underage children, and divorce applicants without underage children. Through this research, we looked into facilities and HR for the operation of the system for a divorce by agreement, the use of the consideration period, the implementation of parents education, the operation of counseling recommendation system, counseling support, the use of counseling, discussions on child-rearing, and the use of correction orders. Based on the survey results, the system for a divorce by agreement can be enhanced as follows:First, in order to activate the consideration period system, a necessary scheme should be established for the efficient use of the system. Furthermore, the consideration period reduction system should be flexibly operated. Second, in relation to counseling support and parents education, the types of counseling support should be diversified, expanding counseling resources in material/HR, reinforcing the PR of the counseling system, and actively implementing parents education.