The governing law of the case of claim for nullity of marriage filed by a Korean national against Japan

In accordance with Article 15(1) of the Conflict of Laws, the requirements for establishment of marriage must be governed by the law of nationality of each party, and the effect of marriage lacking the requirements is also interpreted by the law of nationality of each party. If the plaintiff, who is a national of the Republic of Korea, claims against the defendant who is a citizen of Japan that he/she did not consent to the marriage, if he/she is within the grounds of the claim that the plaintiff did not consent to the marriage, it should be determined without considering the law of the defendant's nationality.

Article 15 of the Conflict of Laws Act, Article 815 of the Civil Act

Plaintiff

Overabe ○○ ○○

1. On May 24, 1990, the plaintiff and the defendant confirmed that the marriage reported to the head of the Dong-gu, east-do, Japan was null and void.

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

The same shall apply to the order.

According to the records in Gap evidence No. 1 (No. 1), the marriage report between the plaintiff and the defendant who is a national of the Republic of Korea and the defendant who is a national of Japan was received on May 24, 1990 from the head of the east-gu east of Japan on 190, and the marriage certificate was prepared, and the above certificate was sent to the permanent domicile of the plaintiff on June 30 of the same year through the Ambassador stationed in Japan on June 5 of the same year, and

The plaintiff asserts that the above marriage with the defendant was null and void regardless of the plaintiff's will, and first, I would like to consider the applicable law applicable to this case. According to Article 15 (1) of the Conflict of Laws Act, the requirements for establishment of marriage are governed by the law of nationality of each party, and furthermore, it is interpreted that the effect of marriage is identical to that of each party. However, in this case, the plaintiff who is a national of the Republic of Korea is within the cause of claim that the plaintiff did not consent to the marriage with the defendant, and the marriage lacking the agreement between the parties under the Civil Act of our country is null and void. Accordingly, the law of Japan, which is the defendant's home country, should be considered only if it is judged whether there is the agreement of the intention of marriage under the Civil Act of our country.

Comprehensively taking account of the aforementioned evidence and the purport of the pleading, the Plaintiff left Japan at the end of March 1990 and temporarily remains at that place. To extend the period of stay, the Plaintiff left the relevant documents, including his/her seal, to the Korean woman who is Kim Jae-in. However, as if the Plaintiff was married on May 1990 between the Plaintiff and the Defendant who is a Japan in the site of his/her life, and the Plaintiff discovered it only after having returned to the Republic of Korea.

However, the above report of marriage between the plaintiff and the defendant was made without agreement between the parties to the marriage, and this constitutes grounds for nullity of marriage under Article 815 subparagraph 1 of the Civil Code, and thus, the plaintiff's claim of this case seeking confirmation is justified, and it is so decided as per Disposition.

Judges Cho Sung-won