Whether a person who has completed the procedure of invalidation of a marriage may request the designation of the custodian (affirmative)

When it is possible to request the designation of a child under Article 30 of the Personnel Litigation Act while a marriage invalidation trial is pending, and the designation of a child is not made in that procedure, Article 837 of the Civil Act and Article 2(1) Item (f) of the Family Trial Act may, even after completion of that procedure, apply mutatis mutandis to the court for the designation of a child.

Article 2 of the Family Trial Act, Article 837 of the Civil Act, Article 30 of the Personnel Litigation Act

Claimant

appellees

Seoul High Court Decision 88Reu198 delivered on March 13, 1989

The appeal is dismissed.

The costs of appeal shall be borne by the respondent.

On April 9, 1986, the court below recognized the fact that a request for nullity of marriage was filed between the claimant and the respondent on April 9, 1986 and the case became final and conclusive on October 17 of the same year on September 23, 1986, and recognized that during the continuance of the above case, a request for designation of the child under Article 30 of the Personnel Litigation Act may be made, and if the designation of the child is not made during the procedure, the provision of Article 837 of the Civil Act and Article 2 (1) (f) of the Family Trial Act shall apply mutatis mutandis to the court for designation of the child, even after the completion of the procedure, the respondent may request the designation of the child in accordance with Article 837 of the Civil Act and Article 2 (1) (f) of the Family Trial Act. The respondent recognized the status of the child under the judgment of the court below on the ground that it is difficult for the plaintiff to raise the child alone on his own or her own as the child born from the beginning. On the other hand, the legal reasoning of the judgment below cannot be accepted.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)