2013drid3561 Divorce and Designation of Child Career

A

B

1. C

2. D;

December 11, 2013

January 8, 2014

1. The plaintiff and the defendant are divorced.

2. The plaintiff shall be designated as a person with parental authority and guardian of the principal of the case.

3. The defendant may freely contact the principal of the case to the extent that he respects the will of the principal of the case.

4. The costs of the lawsuit are assessed against the defendant.

It is as set out in paragraphs 1 and 2 of this Decree.

1. Part on the claim for divorce

(a) Facts of recognition;

1) Marriage and children: The plaintiff and the defendant are legally married couple who completed the marriage report on February 6, 1997, and they have children.

(2) Circumstances of marriage and breakdown

A) The Plaintiff and the Defendant suffered from the final fire due to economic problems, etc. while married life.

B) The plaintiff, the defendant couple, and the principal of the case lived together with the plaintiff's parent's home in 2000. At the time, the plaintiff was living without the defendant's family, and the defendant, around February 200, 200, provided her her fry that she was unable to contact with the plaintiff and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

D) During the period of separate residence, the Plaintiff had been operating and living in a restaurant, a restaurant, and a entertainment room in Busan, Yangsan, and the Gu, and the Defendant was running and working for the restaurant employees, etc., and the instant principal has lived together with the Plaintiff’s parents.

3) Period of separate residence: from February 200 to February 3, 200.

4) Current situation: The plaintiff consistently sought a divorce with the defendant by the lawsuit of this case, and the defendant is unable to agree to the plaintiff's unilateral divorce claim unless it is prior to the plaintiff's serious fault committed by the main fault of the marriage dissolution, and has the strong desire to maintain the plaintiff's and the defendant's marriage in light of various circumstances, such as the principal's future, etc.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 3 (including each number), the entry of the investigation report by family affairs investigators, the purport of the whole pleadings.

B. Determination

"When there is a serious reason to make it difficult to continue the marriage, which is a cause of divorce under Article 840 subparagraph 6 of the Civil Act" means the case where the marital relationship corresponding to the essence of the marriage has been 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 (see, e.g., Supreme Court Decisions 90Meu1067, Jul. 9, 1991; 2007Meu1690, Dec. 14, 2007). In determining this, the existence of intention to continue the marriage, the existence of the party's liability for the cause of failure, the period of marital life, the party's age, the party's livelihood guarantee after the divorce, and other circumstances of marriage relation should be taken into consideration.

In light of the above legal principles, the marital relationship between the plaintiff and the defendant has been completely resolved due to the prolonged separation of liability for the plaintiff and the defendant over 13 years. The marital relationship between the plaintiff and the defendant led to an independent living relationship between the plaintiff and the defendant. As above, the plaintiff and the defendant's responsibility for the plaintiff and the defendant who followed a separate living for a long time without eliminating the cause of conflict between the plaintiff and the defendant in the marital life and making efforts to create a normal family environment. As the resolution of communal living relationship between the plaintiff and the defendant has been prolonged, the relationship between the plaintiff and the defendant has been considerably weak due to the lapse of three months. In light of the above legal principles, it seems that it is difficult for the plaintiff to make a conclusive judgment as to the severity of liability for the plaintiff's divorce, and it seems that it is difficult for the plaintiff to continue the marital distress to be determined to the extent that it does not cause any harm to the plaintiff in light of the overall purpose and the purport of the defendant's marital relationship, and it seems that it would be difficult for the plaintiff to continue the marital relationship.

Therefore, it cannot be concluded that the marriage of the plaintiff and the defendant exists the cause of divorce, "if there is a serious reason to make it difficult to continue the marriage under Article 840 subparagraph 6 of the Civil Code."

Therefore, the plaintiff's claim for divorce of this case is reasonable.

2. Person with parental authority - Request for designation of a custodian, child support (ex officio) and visitation right (ex officio)

A. Determination on the claim for designation of a person with parental authority and a custodian

Considering all circumstances revealed in the arguments of this case, such as the fact that the principal of this case has lived with the Plaintiff’s parent for a long time, the process of the marriage life of the Plaintiff and the Defendant, the process of and the reason for the failure of the marriage of the Plaintiff and the Defendant, the age, source of the principal of this case, the Defendant’s health status, the intent of bringing up the Defendant, the parenting capacity, the principal of this case, and the degree of friendship between the Defendant, etc., the designation of the Plaintiff as a person in parental authority and the rearing of the principal of

B. Ex officio determination on child support

As long as the Plaintiff was designated as a custodian of the principal of this case, the Defendant is obligated to pay the child support for the principal of this case to the mother of the principal of this case. However, considering the following circumstances as revealed in the family investigation and pleading process, the Defendant’s child support for the principal of this case is so difficult to pay the child support if designated by the Plaintiff as the custodian, the Plaintiff’s intent to bear the child support for the principal of this case, and the Defendant’s intent to not be able to pay the child support.

C. Ex officio determination on visitation right

As long as the plaintiff has been designated as a person in parental authority and guardian of the principal of this case, the defendant has the right to interview the principal of this case who does not take care of. In full view of the facts recognized earlier and the age, gender, living environment, present situation, and the intention of the principal of this case expressed in the family investigation, determination of visitation right is reasonable for the emotional stability and welfare of the principal of this case as described in paragraph (3) of this Article.

3. Conclusion

Then, the plaintiff's claim for divorce is justified, and this is accepted, and the disposition of fostering the principal of this case shall be decided as above. It is so decided as per Disposition.

Judges Lee Young-jin