ENGLISH

- In Korea, under the principle of de juris marriage, couples are only recognized as legally married if they meet the substantive and formal requirements of marriage. Meanwhile, a de facto marriage is a continuation of married life that meets the substantive requirements of marriage, such as the meeting of the minds to marry, marriageable age, nonincestuous relations, and nonbigamy, but without the formal requirement of marriage reporting. Unlike de juris marriage, de facto marriages only enjoy some of the legal protections for spousal rights and obligations.

- Not being legally married, a couple dissolving their de facto marriage do not have to undergo legal processes such as a court’s confirmation of divorce, report of divorce, etc. Therefore, a de facto marriage may be dissolved by an agreement between the parties or by one party giving notice.

- Neither the agreement nor notice requires a predetermined form and may be done in any form, including oral communication, telephone, letter, etc.

- Judicial precedent holds that where a de facto marriage is dissolved for a cause attributable to a spouse in the de facto marriage or a third party (for instance a parent-in-law), payment of damages for emotional injury, that is, consolation money, may be sought from such spouse or third party at fault (e.g., Supreme Court Judgment 97Meu544,551 announced on August 21, 1998, Supreme Court Judgment 98Meu961 announced on December 8, 1998).

- Furthermore, it is held that property jointly amassed by the spouses during the duration of a de facto marriage is presumed to be co-owned by them, and division of property may be sought as when de juris married couples divorce, as part of the liquidation of spousal property on the dissolution of de facto marriage (Supreme Court Judgment 94Meu1379,1386 announced on March 10, 1995).

- Children born of spouses in a de facto marriage are born out of wedlock. However, if the father admits paternity of a child, the spouses exercise joint custodial and fostering rights over such child; when the de facto marriage relationship is dissolved, the spouses decide by agreement on custodial rights, fostering person, and fostering matters. If they do not reach such an agreement, they may request a court make such a designation (Articles 837, 837-2, 843, 864-2, and 909(4) of the Civil Act).

- However, if paternity is not admitted, no legal parent-child relationship exists between the child born out of wedlock and the father, and no request to decide custodial rights, designation of fostering person, or fostering matters may be made against or by the father (husband). An action to admit paternity must first be brought to make such a request [Article 863 of the Civil Act; Article 2(1)1(b)(ix) of the Family Litigation Act].