The meaning of "when there is a serious reason for making it difficult to continue the marriage", which is a reason for divorce under Article 840 subparagraph 6 of the Civil Code and the criteria for judgment thereof.

When there is a serious reason for making it difficult to continue the marriage, which is a reason for divorce under Article 840 subparagraph 6 of the Civil Act, means the case where the relationship of common life of the married couple, corresponding to the essence of the marriage, which should be based on difficulties and trust between the married couple, has broken down to the extent that it is impossible to recover, and enforcing the continuation of the marital life, becomes a cause for which one spouse cannot join. In determining this, the degree of failure, the existence of intention to continue the marriage, the existence of intention to continue the marriage, the existence of a party about the cause of failure, the period of marital life, the existence of children, the party's age

Article 840 subparag. 6 of the Civil Act

[Defendant-Appellee] Plaintiff 1 and 2 others

appellees

Seoul High Court Decision 86Reu305 decided March 23, 1987

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal by the appellant are examined.

According to the judgment of the court below, the plaintiff and the defendant met with the above time evidence on February 15, 1986 and completed the marriage report on April 20 of the same year and 5.1 of the same year at the end of the same year. The defendant graduated from the Geumho Industrial High School located in Gwangju City, is currently in office as a construction engineer at the present Korean Construction Company, and monthly pay is KRW 550,000, and the defendant got married as soon as possible under his own circumstances. According to the judgment of the court below, the defendant was unable to reach the above 2-year life of the claimant because he was employed as a member of the Korean Construction Company on the top of the above time, and was unable to reach the 2-year life of the defendant due to the above 10-year life of the defendant, and was unable to reach the 2-year life of the claimant due to the above her own life on the basis of the 10-year life of the defendant, and the defendant was unable to reach the 2-day life of the claimant on May 19, 19.

On the other hand, when there is a serious reason for making it difficult to continue the marriage, which is a reason for divorce under Article 840 subparagraph 6 of the Civil Act, the term "if there is a serious reason for making it difficult to continue the marriage, which is a reason for divorce" means the case where the marital relationship corresponding to the essence of the marriage, which should be based upon the difficulty and trust between the couple, has been broken down to the extent that it is impossible to recover, and compelling the continuation of the marital life, becomes a cause for which one spouse cannot join. In determining this, the degree of the failure, the existence of intention to continue the marriage, the existence of a party's liability for the cause of failure, the period of marital life, the existence of

According to the records of this case, when the respondent is married with the claimant who should be based on difficulties and trust, the respondent continued to engage in an act of relianceing on trust by deceiving the claimant from the beginning with respect to various points such as the time of original adjudication, etc., and as if the claimant does not work at the company after marriage, he/she pretends that he/she does not work at the time of his/her refusal and trust, and the respondent is aware of the fact that he/she is in the last place, and he/she was aware of the fact that he/she is the claimant's whereabouts, and suffered injury to the claimant as the time of original adjudication. Since the claimant was on the grounds that he/she was on duty and care, the two persons were separated from each other until now, and there is no reason to believe that there is lack of trust between the two persons and the defendant due to the lack of trust, if the claimant continued to work at the time of his/her joint living, and there is no reason to see that there is a lack of trust between the defendant and the defendant.

The court below concluded that the marriage of this case was not broken down without examining the above matters together, that is, it is a matter of law regarding a serious cause for which the marriage cannot continue under Article 840 subparagraph 6 of the Civil Act, or a litigation which failed to exhaust all necessary deliberations on this point, and therefore, it is therefore justified.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.

Justices Man-hee (Presiding Justice)