협의이혼제도의 개선방안에 관한 연구

Abstract

It is a well-known fact that liberty of divorce should be admitted like liberty of marriage has been approved. Particularly agreement-divorce protects liberty of divorce or self-regulating of couple on the base of the dignity of man and equal-thought of both sexes in the family law. However this liberty of divorce should not be advantageous for only husband or only wife. In the case of divorce, the husband or wife should be happy and it is also important that children should have the right of happiness pursuiting. Unfortunatly the existing agreement divorce system has two problem; one is lack of the cautious attitude of divorce dicision, the other is no agreement for the divorce result and no institional management fo fulfil the agreement facts. So this system ought to be revised and complemented for both parties to think carefully the right and wrong of divorce. It is as follows to arrange improving articles discussed until now. 1) The couple who wants to divorce by agreement apply for divorce by natural agreement to the Family Court. 2) The parties have counsel period for 3 month from the applying day. 3) After the counsel period, the parties present the agreement paper of divorce result to the Family Court. 4) The Family Court make the both parties attend the Court and then make sure the intention of divorce and the agreement paper. 5) The both parties or one party confirms the decision from the Family Court and report the changed articles according to the Family Register Law.