[1] The elements for establishing a de facto marriage

[2] The meaning of "de facto marriage" under Article 5 (1) 1 of the Act on the Honorable Treatment of Persons of Distinguished Services to the State

[3] The case denying the establishment of a de facto marital relationship on the ground that the wife of a person who has rendered distinguished service to the State gives birth to a person other than a person who has rendered distinguished service to the State and there was a sporadic relationship between living together or a sporadic relationship for about two months before and after the childbirth, that alone does not appear to have

[1] In order to establish a de facto marital relationship, the parties should have a subjective agreement with the intention of marriage, and there should be an substance of marital life which can be objectively recognized as a marital life.

[2] Article 5 (1) 1 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State stipulates that the scope of bereaved families or families of persons of distinguished service to the State includes the legal and de facto spouse of persons of distinguished service to the State, and their spouse was or was de facto maritally married with persons other than the persons of distinguished service to the State after marriage or de facto marriage. Here, the requirements for de facto marital marriage in the case of a spouse in a de facto marital relationship with the persons of distinguished service to the State, which falls under the scope of bereaved families or families of persons of distinguished service to the State, shall also meet the above requirements. It shall also be viewed as equally in order to establish

[3] The case denying the establishment of a de facto marital relationship on the ground that the wife of a person who has rendered distinguished service to the State gives birth to a person other than the person who has rendered distinguished service to the State and there was a sporadic relationship between living together or a sporadic relationship for two months before and after the childbirth, that alone does not appear to have a mutual

[1] Article 812 of the Civil Act / [2] Article 5 (1) 1 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 812 of the Civil Act / [3] Articles 5 (1) 1 and 85 of the Act on the Honorable Treatment of and

[1] Supreme Court Decision 86Meu70 delivered on February 10, 1987 (Gong1987, 428), Supreme Court Decision 94Meu1379, 1386 delivered on March 10, 1995 (Gong1995Sang, 161 delivered on December 8, 1998) (Gong199Sang, 127)

Defendant

Prosecutor

Jeju District Court Decision 9No335 delivered on October 5, 2000

The appeal is dismissed.

In order to establish a de facto marriage, there is a subjective agreement between the parties to the marriage with the intention of marriage, and there is a substance of marital life which can be objectively recognized as a marital life (see Supreme Court Decision 86Meu70, Feb. 10, 1987).

Article 5 (1) 1 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State stipulates that the scope of bereaved family members or families of persons of distinguished service to the State includes the legal and de facto spouse of persons of distinguished service to the State in order to exclude them from the scope of bereaved family members or families where their spouses are or were in de facto marital relationship with persons of distinguished service to the State after marriage or de facto marriage with persons of distinguished service to the State. Here, requirements for de facto marriage in cases of spouses who are in de facto marital relationship with persons of distinguished service to the State, which fall under the scope of bereaved family members or families of persons of distinguished service to the State, shall also meet the above requirements. It shall also be recognized in order to establish a de facto marital relationship with persons of distinguished service to the State in cases where their spouses are or were in de facto marital relationship with persons of distinguished service to the State. This interpretation provides that "The purpose of this Act is to promote their livelihood stability and welfare by providing the honorable treatment of persons of distinguished service to the State and their bereaved family members and to contribute to the State."

In the same purport, the court below was well aware of the circumstances that were excluded from the scope of bereaved family members who received compensation under the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State because the defendant was in de facto marital relationship, such as giving birth to his father before his death, while serving in the Jeju Coast Guard around October 18, 1996 and registered as a person of distinguished services to the State, around June 1993, the non-indicted 1 was married to the non-indicted 2 with his spouse under the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State. However, the court below did not err in the misapprehension of the legal principles as to the facts of marriage between the defendant and the non-indicted 2 and the non-indicted 2's marital relationship, such as the fact that the defendant was in de facto de facto marital relationship with the non-indicted 2 and the bereaved family members who were in de facto marital relationship with the State Veterans Office around February 27, 1997, and did not appear to have been in accordance with the rules of evidence.

Therefore, since the appeal is without merit, the appeal is dismissed as per Disposition.

Justices Lee Jae-dam (Presiding Justice)