2017 Doz. 2826 (Change of Person with Parental Authority and Person with Parental Authority)

2017 Doz. 200676 (Rejudgments) The change of a person with parental authority or custodian

A

B

C

April 10, 2018

1. The claimant (the other party to the adjudication)'s main appeal is dismissed;

2. The person with parental authority and the custodian of the principal of the case shall be changed to the other party (the claimant).

3. The claimant (the counter-appellant) shall pay to the other party (the counter-appellant) KRW 300,000 per month from May 1, 2018 to the day before the principal of the case reaches the age of majority as the child support for the principal of the case.

4. The claimant (other than the claimant) may visit the principal of the case as follows by the day before the principal of the case reaches his majority. The other party (other party) shall cooperate in the visitation and shall not interfere with it:

(a) A schedule: From 00 to 20 Saturdays (one day per week);

(b) Place: The place designated by the claimant (the other party to a trial). The method is to deliver the principal of the case to the applicant (the other party to a trial) at his residence or the place promised with the other party (the other party to a trial, and to receive the case and to deliver the person in question at the same place in an appropriate and safe manner.

(d) The claimant (the counter-appellant) and the other party (the counter-appellant) may, after prior consultation, change the time, place and method of the visitation.

5. The total costs of the lawsuit shall be borne individually by each party.

This adjudication: Claimant (the other party to the adjudication, the next party to the adjudication, and the subsequent claimant)

(2) shall be amended to the extent that the

In anti-adjudications: Order 1 and Request 1 are the other party (the other party, the other party, the other party, the other party, the other party, and the other party)

the principal of this case from the day after delivery of a written request for an anti-appeal to the child support of the principal of this case

The amount of KRW 300,000 per month shall be paid at the last day of each month until the date of arrival.

1. Facts of recognition;

According to the records of this case and the purport of the whole examination, the following facts are recognized:

A. On August 1, 2013, the claimant and the other party reported their marriage, and the principal of the case was his child.

B. On July 12, 2016, in the instant case, including divorce, etc. between the other party and the claimant (principal lawsuit) and divorce, etc. (Counterclaims) between the other party and the claimant, conciliation was concluded with the following details, and the other party was divorced.

1. The plaintiff (other than the plaintiff in this case) and the defendant (the plaintiff in this case) are divorced. 2. A. B. From August 1, 2016, in fostering the principal of this case from August 1, 2016, the plaintiff and the defendant shall be designated as the person in parental authority and the defendant. B. From August 1, 2016, the plaintiff shall raise the principal of this case to 08:30 to 18:30, and the plaintiff shall raise the principal of this case (the plaintiff's relative and the relative's relative shall move their residence to and from the principal of this case), and the remaining time shall be brought up by the defendant (the plaintiff and the defendant shall be brought up to the other party during his leave of absence, and the defendant shall not be brought to the plaintiff and the defendant, after consultation with the plaintiff and the other party about his child care center's accommodation, from 30 days to 10 days to 10 days before his arrival, and the defendant shall not be brought to the plaintiff and the other party.

D. The claimant had been aware of the other party’s mother’s waiting until 08:30, and the other party’s mother had been waiting or waiting to wait for to the steel station at the late time without any prior communication, and later, there were several cases where the other party’s mother was not waiting.

E. The claimant is paid 1.6 million won monthly salary, and if he is designated as the person fostering the principal of the case, he is expected to invite the people in the Philippines to have the child care assistance. The other party is paid 2.6 million won monthly salary, and the mother is living in an apartment owned by the mother, and the female and the mother are assisting in the child care of the principal of the case.

2. Determination

A. The person in parental authority and the person in parental authority of the principal of this case: the other party has faithfully performed the matters of the conciliation in the divorce lawsuit to jointly rear the principal of this case; the other party has accepted the request of the claimant as a substitute for the purpose of fostering the principal of this case; the petitioner has violated the conciliation matters without any justifiable reason; and the petitioner has not been aware that the act of violating the conciliation has been wrong; considering various circumstances, such as the applicant and the other party's age, occupation, property, existence of a person in parental authority, rearing environment, rearing environment, and age of the principal of this case, it is difficult for the claimant and the other party to maintain the forms of jointly rear the principal of this case; and the other party to designate the person as the sole person in parental authority and the person in custody of the principal of this case is more appropriate for the welfare of the principal of this case. Therefore, the person in parental authority

B. Considering the various circumstances, such as the age, occupation, import, property, intent of the parties, age and custody of the principal of the case, etc., the claimant shall be determined to pay to the other party KRW 300,000 per month from May 1, 2018, which is the month following the month in which the date of the instant adjudication falls, until the date when the principal of the case reaches the age of majority.

C. An interview right (ex officio determination) claimant has the right to interview with the principal of the case, unless it is contrary to the welfare of the principal of the case. Taking into account various circumstances, such as the age, parenting situation, living environment, and the intent of the parties, ex officio determination as described in Paragraph 4 of the Disposition is reasonable for the emotional stability and welfare of the principal of the case.

3. Conclusion

The petitioner's main appeal shall be dismissed for lack of good cause, and the designation of the person with parental authority and the custodian, the claim for child support and the visitation right shall be determined as above.

April 10, 2018

Judges Yoon Jae-han