The case which admitted the claim for divorce on the ground that the wife's unauthorized leave, the mother's money, and her husband's life

The case affirming the claim for divorce made on the ground that the wife's unauthorized leave and the ground of sacrificing.

Subparagraph 2, 3, and 4 of Article 840 of the Civil Act

Plaintiff

Defendant

The principal of the case and one other

1. The plaintiff and the defendant are divorced.

2. The plaintiff shall be designated as the exerciseer and guardian of the parental authority of the principal of the case;

3. The costs of lawsuit shall be borne by the defendant.

The same shall apply to the order.

In full view of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 4, Gap evidence No. 5, and testimony of witness, the plaintiff and the defendant, upon which the marriage report was completed on December 21, 1985, have the principal of the case among them. However, the defendant, after temporarily returning home on March 19, 195, was arrested by the plaintiff's mother and was detained by assaulting the plaintiff's mother on May 3, 1995, and did not look back to the plaintiff and his family without permission by assaulting the plaintiff on May 15, 1996, causing an injury of the 4 principal of the case.

Thus, this constitutes a cause for judicial divorce under Article 840 subparag. 2, 3, and 4 of the Civil Act, and therefore, the plaintiff's claim for divorce of this case is reasonable, and further, considering the circumstances such as the plaintiff and the defendant's marital life and the situation leading up to failure, the age of the principal of this case, and the fact that the plaintiff is fostering the principal of this case, it is reasonable to allow the plaintiff to continuously rear the principal of this case and exercise parental authority over them for their smooth growth and welfare.

Therefore, the plaintiff's claim of this case is with merit and it is so decided as per Disposition.

Judges Cho Jae-chul