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(영문) 서울가법 1984. 2. 21.자 83드4846 제3부심판 : 확정
[이혼청구사건][하집1984(1),755]
Main Issues

Applicable law to divorce cases between a wife with citizenship of the United States and a father with citizenship of the Republic of Korea

Summary of the Judgment

The governing law applicable to divorce cases between the wife with citizenship of the United States and the father with citizenship of the Soviet Union is the law of the Soviet Union.

[Reference Provisions]

Basic principles of divorce enforced on June 27, 1968, Article 1, Article 18 of the Conflict of Laws, and the Basic Principles of Divorce

Cheong-gu person

A

appellees

B

Text

The appellant and the appellee shall be divorced.

The trial expenses shall be borne by the respondent.

Purport of claim

The same shall apply to the order.

Reasons

1. Since the authenticity of the part of the official document is presumed to be established, the claimant is a citizen of the United States of America, and the respondent is a male citizen of the Republic of Korea. The claimant and the respondent reported a marriage on July 12, 1982. The respondent moved to the United States of America on July 28, 1982, and the respondent continued to reside in Korea.

2. The case pertains to the so-called conflict of law concerning divorce between foreigners, so first of all, whether a Korean court has jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction as seen above is clear in the legal reasoning and then the applicable jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction over jurisdiction

3. Comprehensively taking account of the whole purport of the examination of each of the above listed evidence, the respondent may recognize the fact that his whereabouts is well known at present as he did not know of the fact that he did not know of the fact that he did not know of the fact that he had to know of the fact that he had yet to go to the United States on July 28, 1982 due to his occupational relationship.

4. Thus, since the above facts constitute grounds for judicial divorce as stipulated in the basic principles on divorce enforced on June 27, 1968 in the Republic of Korea, the claimant's claim for divorce on this ground shall be justified and accepted, and the costs of trial shall be assessed against the respondent at his/her own expense.

Administrative patent judges' personal identification (Presiding Judge)

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