혼인의사와 혼인무효에 대한 재고

Abstract

The marriage system in Korea is grounded on a report of marriage. On that account, the completion is formed by marital agreement between two parties and marriage registration. Article 815 Issue 1 of the Civil code describes no consent to marriage as one of the reasons for annulment. Defining what the intent to marriage is has been controversial. The majority and precedents favor essential intent. However, it is advisable to understand the intent to marriage as a combination of effective intent and declaratory intent to build a substantially-married couple. Marriage should be monogamous. Same-sex marriage is not acknowledged by the Civil code of Korea, so same-sex marriage is invalid. However, opinions saying that same-sex marriage should be protected like different-sex marriage are gaining territory from the standpoint of the freedom of marriage and of the protection of minority rights. It is an issue whether a marriage with grounds for annulment is supposedly invalid, or is invalid only when a judicial decision is sentenced. The majority and precedents favor supposed invalidity. Annulment has effects on various legal relations, and there are several cases when annulments are not clear. Therefore, deciding invalidity by a judicial sentence is desirable.