ENGLISH

· Conciliation by a family court must first be undertaken to obtain judicial divorce. That is, a spouse must first apply for conciliation at family court before bringing an action for divorce, and if an action for divorce is brought without an application for conciliation, the family court will refer the case to conciliation ex officio. Provided that in the following circumstances, litigation procedures will commence directly without a conciliation procedure [Articles 2(1)1(b)(iv) and 50 of the Family Litigation Act]:

1. One or both spouses cannot be summoned except through service by public notice; or

2. It is found that conciliation would fail even if the divorce case is referred to conciliation.

※ When applying for divorce conciliation, the spouses can also apply for conciliation for any matters they have not agreed upon such as division of property, consolation money, fostering matters, designation of the custodial parent, etc. (Article 57 of the Family Litigation Act).

· An application for divorce conciliation may be submitted to the following family court (Articles 22 and 51 of the Family Litigation Act):

1. When the married couple have a general forum in the district under the jurisdiction of the same family court, such family court;

2. When a general forum of either spouse exists in the district under the jurisdiction of the family court wherein the spouses had the last common domicile, such family court;

3. In cases that do not fall under 1 or 2, when either spouse brings action against the other, the family court in the place where the general forum of the other party is located; or

4. A family court agreed on by the spouses.

· The following documents must be submitted when applying for divorce conciliation (see Republic of Korea court Electronic Petition Center-Procedural Guidance for Family Law-Family Law Conciliation Procedures-Attached Documents):

1. 1 each of the written divorce complaint or application for divorce conciliation;

2. 1 of each spouse’s marriage relationship certificate;

3. 1 of each spouse’s certified copy of resident registration;

4. 1 of each spouse’s family relation certificate;

5. If there is any underage child [including any in utero and excluding any child who will reach adulthood within the divorce consideration period (the period provided for in Article 836-2(2) and (3) of the Civil Act)], each child’s identification certificate and family relation certificate; and

6. Other explanatory materials

· Once the court’s conciliation date is set, each conciliation party or legal representative appears (an authorized representative may appear or an assistant may accompany in special circumstances) to testify, and conciliation will be conducted based on the agreement of the conciliation parties (Article 7 of the Family Litigation Act).

· If the applicant for conciliation fails to appear on the conciliation date, a new date is set. If the applicant still fails to appear on such a new date or the date after, the conciliation application is deemed to have been withdrawn (Article 49 of the Family Litigation Act; Article 31 of the Judicial Conciliation of Civil Disputes Act). If the other party in the conciliation fails to appear on the conciliation date, the conciliation council or the judge in charge of conciliation makes an ex officio decision instead of conciliation (that is, a decision of compelled conciliation) (Article 49 of the Family Litigation Act; Articles 30 and 32 of the Judicial Conciliation of Civil Disputes Act).

· If the parties reach an agreement to divorce in the conciliation proceedings, conciliation is effectuated by recording such agreement in the conciliation protocol (Article 59(1) of the Family Litigation Act). Such conciliation has the same effect as judicial compromise (the main body of Article 59(2) of the Family Litigation Act) and dissolves the marriage.

· If ① the other party in the conciliation fails to appear on the conciliation date, ② the parties fail to reach an agreement, or ③ it is found that the agreement between the conciliation parties is inappropriate, the conciliation council or judge in charge of conciliation may make an ex officio decision instead of conciliation or a decision recommending compromise (Articles 12 and 49 of the Family Litigation Act; Articles 30 and 32 of the Judicial Conciliation of Civil Disputes Act; and Article 225(1) of the Civil Procedure Act).

· If, after the service of the compelled conciliation decision, etc., ① the party does not file an objection within 2 weeks of the service, ② the objection is withdrawn, or ③ a decision dismissing the objection is final, the decision has the same effect as judicial compromise, that is, a final judgment (Articles 49 and 59(2) of the Family Litigation Act; Article 34 of the Judicial Conciliation of Civil Disputes Act; and Article 231 of the Civil Procedure Act).

· Once the litigation is initiated and a hearing date has been set, each litigation party or legal representative appears (an authorized representative may appear or an assistant may accompany in special circumstances) to state the assertions and evidence of the initiator of the action (plaintiff) and the other party to the action (defendant); the judgment is announced after the court examines the facts, evidence, and witnesses (Articles 7 and 17 of the Family Litigation Act; Article 287(1) of the Civil Procedure Act).

· A judgment in a divorce litigation takes effect by its pronouncement (Article 12 of the Family Litigation Act; Article 205 of the Civil Procedure Act).

· A final judgment upholding the claim for divorce (judgment for the plaintiff) takes effect on third parties (Article 21(1) of the Civil Litigation Act).

· Meanwhile, when a judgment dismissing the claim for divorce (judgment for the defendant) is final, the plaintiff may not bring an action on the same ground unless there is just cause for the inability to participate before the closure of trial hearings (Article 21(2) of the Family Litigation Act).

· A party who objects to the judgment may appeal before the authentic copy of the judgment is served or within 14 days of the date the authentic copy of the judgment is served (Articles 19(1) and 20 of the Family Litigation Act).