Applicable law to divorce cases between wife with Korean nationality and father with Japanese nationality;

The divorce case between the wife with the nationality of Korea and the father of Japan is a case belonging to the conflict of laws, and the applicable law is the Japanese Civil Code which is the father of Japan according to the provisions of Article 18 of the Conflict of Laws Act.

Article 840 of the Civil Code, Article 770(1) of the Japanese Civil Code, Article 1 and Article 18 of the Conflict of Laws

A

B

The appellant and the appellee shall be divorced.

The trial expenses shall be borne by the respondent.

The same shall apply to the order.

In full view of the contents of Gap evidence Nos. 1 and 3 (a certified copy of each family register) in which the authenticity is presumed to be established and Eul's testimony, the claimant is a national of the Republic of Korea, the respondent is a person of Japan's nationality, and the defendant is a married couple on March 20, 197 who reported a marriage to Japan on June 23, 197, and on July 11, 197, it can be recognized that he is a legally married couple who reported a marriage to the Republic of Korea on July 11, 197. Thus, this case is a case belonging to the so-called conflict of laws that belong to the so-called foreign legal relationship against the respondent with Japanese nationality who filed a request for divorce with the Korean court. Thus, the law applicable to this case under Article 18 of the Conflict of Laws Act shall be deemed to be the Japanese Civil Act as the denying respondent at the time

Therefore, in full view of the whole purport of the judgment of the court below as to the existence of the grounds for divorce of this case, it can be acknowledged that the defendant, while entering Japan after the marriage, was married with the claimant and the defendant was forced to move Japan on April 30, 1979, and the defendant was forced to move Japan immediately and the defendant was forced to move Japan to Japan, and that the defendant could not know all of the contact and could not move to the address of Japan and leave Japan.

Thus, the above facts constitute a ground for judicial divorce under Article 770 (1) 2 of the Japanese Civil Code, and thus, the case of the claimant's appeal on this ground is justified, and the costs of the trial shall be judged as per the order at the defendant's expense.

Administrative patent judges' personal identification (Presiding Judge)