If the marital relationship has ceased due to the fact that it undermines the unity between the places of temporary and external origin, whether a divorce claim is filed pursuant to Article 840 subparagraph 6 of the Civil Act.

"Other important reasons why it is difficult to continue a marriage" under Article 840 subparagraph 6 of the Civil Act refers to cases where the marital relationship of the married couple corresponding to the essence of the marriage is broken down to the extent that it is impossible to recover. On the other hand, the marriage is a combination aimed at the communal living of the married couple on the basis of the circumstances of the male and female, and the parties to the marriage shall make their best efforts to overcome the disability facing the marriage life. Thus, if the marital relationship has broken down due to the fact that it obstructs harmony inside and outside of time, a divorce may not be filed for this reason.

Article 840 subparag. 6 of the Civil Act

[Defendant-Appellee] Plaintiff 1 and 3 others

appellees

Seoul High Court Decision 81Reu181 delivered on January 18, 1982

The appeal is dismissed.

The costs of an appeal shall be borne by the appellant.

The grounds of appeal are examined.

Article 840 subparag. 6 of the Civil Act refers to a case where a couple’s communal living relationship corresponding to the essence of a marriage is broken down to the extent that it is impossible to recover, etc. This refers to a case where the cause of divorce is bound by the principle of due diligence and the legislative tendency converting the cause of divorce into a general abstract, abstract, and regulatory legislative system from individual, specific listed laws and regulations. However, inasmuch as a marriage is a combination with a common life of a man and woman on the basis of the circumstances of gender, which is a moral and custom being a legitimate party, so if such a common life relationship has been broken down to the extent that it is impossible to recover significantly, the marriage is limited to the form of one piece, and even if it is deemed inevitable during the marriage life, the marriage party shall make every effort to overcome this disability, and even if it obstructs the unity between the inside and outside, it shall not cause a failure of the marital life on the ground of such failure, and it shall not be deemed that the marital relationship has been broken off and thus it shall not cause a divorce.

According to the reasoning of the judgment below, the court below maintained the judgment of the court of first instance that dismissed the respondent's claim for objection by rejecting the remainder of the claimant's claim on the ground that, in light of the interpretation of Article 840 subparagraph 6 of the Civil Act, the court below's measure is just and there is no error of law by misapprehending the legal principles as to serious causes for which it is difficult to continue marriage, and thus, there is no ground for appeal, as the appellant's appeal is without merit.

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 Lee Il-young (Presiding Justice)