The Supreme Courtroom held an en banc assembly on the twenty third and dominated that even when an individual is already divorced, the wedding will be invalidated underneath particular circumstances. That is the primary change in 40 years from the 1984 precedent that there isn’t a authorized profit to invalidating the wedding of an already divorced couple.
On the twenty third, the en banc Supreme Courtroom overturned the choice to dismiss the unique trial within the petitioner’s marriage annulment petition in opposition to his ex-spouse and remanded the case to the Seoul Household Courtroom.
On this case the petitioner obtained married in December 2001 and divorced in October 2004. The petitioner claimed that the wedding was invalidated in 2019, stating that the wedding was registered with out a substantive settlement whereas he was in a frame of mind which made it not possible to resolve on the intention to marry. The primary and second trials didn’t acknowledge the invalidity of the wedding, whatever the settlement or not, based on the jurisprudence of the Supreme Courtroom in drive since 1984.
Nevertheless, the Supreme Courtroom acknowledged in its ruling: “Many authorized relationships have been fashioned on the premise of a conjugal relationship, so looking for affirmation of 1’s incapacity will be an efficient and acceptable technique of resolving all associated disputes without delay” and “If the conjugal relationship has already been dissolved by divorce – the Courtroom of Cassation specified within the sentence – the advantage of requesting affirmation of the invalidity of the wedding have to be thought-about acknowledged even subsequently.
Current Supreme Courtroom precedent from 1984 was that there was no authorized profit to invalidating the wedding of an already divorced couple. The Supreme Courtroom on the time dominated: “If the conjugal relationship has already been dissolved by submitting for divorce, affirmation of the invalidity of the wedding constitutes a affirmation of the previous authorized relationship and has no confirmatory profit.” Because the conjugal relationship had already been dissolved, it was believed that there was no profit in invalidating the wedding.
Nevertheless, some have argued that the wedding must be acknowledged as null and void, which might erase the historical past of the wedding from the parentage certificates. Instances wherein a foreigner enters the nation underneath the guise of a global marriage, registers the wedding, after which flees, inflicting hurt to the partner, and circumstances wherein folks pressured into marriage by their mother and father endure hurt due to their historical past of divorce through the remarriage course of, have been offered as the premise for the request.
Jeong Bong-oh, Donga.com reporter bong087@donga.com
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