국제혼인의 파탄사유에 관한 실증적 고찰

Abstract

The aim of this study was to examine the breakoff of international marriages empirically. For this, the investigator looked into divorce through the statistical data of international divorce in 2007. In addition, the investigator examined basic data of Supreme Court's 100 judicial decisions of international marriage lawsuits which were registered on the decision making management system of the Supreme Court and then concretely analyzed the cause of international marriage breakoff by dividing it into annulment and divorce. As for the reason of breakoff of international marriage, there are such reasons of annulment as the withdrawal of marriage intention due to not receiving the certificate of marriage, running away from home after entering a country, and denial of entrance into a country. In the number of annulment cases actual reasons are all false marriages. As for the divorce cases of which plaintiff is a Korean, the general reasons are defendant’s running away from home after entering Korea, rejection of visa issue, and denial of admission into Korea. As for the divorce cases of which plaintiff is a male foreigner, the main reasons are such problems as related to money, the extension of length of one’s visit, and verbal violence. As for the divorce cases of which plaintiff is a female Chinese, the most frequent reasons are the exaction of money and its incidental violence and running away, and it is followed by violence, threat, and nonfulfillment of cohabitation obligation. As for the divorce cases of which plaintiff is a female Korean, there are such main reasons as the rejection of visa issue, conflicts due to language barrier and personality difference, violence, and morbid suspicion about wife’s chastity. As for the appeal divorce cases, there are such complex reasons as not returning home after employment on the pretext of commuting troubles after the period of occasional homecoming, avoidance of childbirth on the pretext of husband’s economic power, denial of sexual relations with the reason of fatigue, Korean male’s interests in foreign wife’s income, conflicts with woman’s parents-in-law, attempts of sexual relations against spouse’s intention, and making an illegal emigrant by reporting as running away from home though one leaves home temporarily.