All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

In a case where the intention of marriage of the party to a de facto marriage is unclear, the intention of marriage was clearly withdrawn.

Unless there are circumstances such as the parties’ agreement to resolve a de facto marital relationship, the existence of the intention of marriage is presumed to be null and void. In light of the fact that the Defendant continued a de facto marital relationship for not less than 10 years with B and the Defendant was attending for a long time, a report of marriage with B (hereinafter “instant report of marriage”) should be deemed valid as it is by the intention of marriage B.

Nevertheless, the court below found B guilty of all the facts charged in this case on the premise that the report of marriage in this case is null and void since it has no intention to marry, and there is an error of law such as misunderstanding of facts

Each sentence of the lower court (the first and second crimes: imprisonment with prison labor for eight months, the suspension of execution for two years, and the third crimes in its holding: imprisonment with prison labor for ten months and the suspension of execution for two years) is deemed to be too uneasy and unfair.

In order to take effect the legal principles related to judgment of mistake of facts and misapprehension of legal principles regarding the defendant's assertion of mistake of facts, a marriage agreement between the parties should be reached. Such an agreement of marriage should exist at the time of reporting the marriage

(See Supreme Court Decision 94Meu1089 delivered on June 28, 1996, etc.). The agreement on marriage refers to an agreement that establishes a legally effective marriage under the legal system of the Republic of Korea adopting the principle of legal divorce. Thus, even if one of the parties in a de facto marital relationship files a report of marriage, the marriage is null and void as long as it is deemed that the other party lacks the intention of marriage. However, in a case where the intention of marriage is unclear, the existence of the intention of marriage can be presumed on the basis of the other party’s act forming a de facto marital relationship under the practice of marriage and the principle of good faith, and thus, it is an opposite circumstance