아동성폭력으로 인한 출산경력과 혼인취소의 법적 쟁점과 정책적 과제

Abstract

The paper focuses on demonstrating failure to notify the childbirth experience does not constitute reason for marriage annulment on the basis of the judgement of an appellate court, which led to marriage annulment because of the childbirth experience after marriage by force. It analyzes the reasoning of the ruling, which accepted the childbirth experience as a cause for marriage annulment, and tries to interpret causes of marriage annulment in multi-cultural families in Korea. In the case that is being reviewed in the paper, a woman who came to Korea as a foreign bride was a victim of sexual violence from her father-in-law and ended the marriage. Yet, she was consistently criticized of her experiences before marriage without proper protection and support as a victim of a crime. She even became the defendant of the trial for marriage annulment on the ground of her childbirth experience after rate in youth. The case clearly shows devastating and inhumane situations of women in international marriage. Criminal injury and damage experiences on youth must not be revealed and kept in strict confidentiality. The case has the conflicts between the protection of the criminal victim and the right of a marriage partner to be informed on critical matters. The plaintiff argues that he would not have married the defendant if he had been notified the childbirth experience after rape and claims he is not able to understand or embrace the experience. Under the Korean laws and international laws which protect the victims of sexual crimes, one cannot be force to reveal the childbirth experience after rape both actively and voluntarily. Failure to notify the childbirth experience, therefore, should not be constituted as a cause for marriage annulment in family related litigations. It, however, might be a reason for divorce when marriage partners cannot find understanding on the issue. The case exhibits how traditional patriarchal values still dominate throughout Korea and fail to follow up the dramatic changes of the society the multi-cultural society. Revealing the criminal experience and criminal injury should not be the cause for marriage annulment in family litigations, rather the victim must be protected according to domestic and international laws.