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(영문) 대구가정법원 2013.2.21.자 2012느단2489 심판
면접교섭
Cases

2012 Pool 2489 Interview

Claimant

A person shall be appointed.

Other Party

A person shall be appointed.

Principal of the case

A person shall be appointed.

Imposition of Judgment

February 21, 2013

Text

1. The claimant may visit the principal of the case as follows:

(a) If the claimant resides in the United States and visits Korea for a certain period of time (a) the claimant (a) may, at each time of the above visit (entry), hold an interview to the principal of the case in a place where the claimant may be responsible for the visit from 00 to 19:00 on the same day.

(2) The claimant must inform the other party of the mobile phone text message or e-mail or telephone at least two weeks prior to the date of the request for the visitation right, such as the specific schedule, place, etc. of the visitation right with the principal of the case.

(b)where the claimant resides and resides in Korea;

The claimant is entitled to contact the principal of the case at the place where the claimant can be responsible from 00 to 00 on the same day from 13th day of the week.

C. The claimant must observe the time of the above visitation, interview the principal of the case at the place where the claimant may take responsibility, and after the visitation is completed, take the principal of the case into the other party’s residence.

(d) If an applicant needs to change the schedule of the visitation, etc. set forth above, he/she shall notify the other party of such change by telephone or text message at least three days prior to the latest, and shall consult about whether the change in schedule, etc. is possible.

2. Until the principal of the case is transferred to an elementary school, one person designated by the other party or the other party may participate at the time of each visitation with the petitioner and the principal of the case.

3. The other party shall notify the other party of the address, telephone number, and e-mail of the address and telephone number of the principal of the case, and if the claimant changes his address, telephone number, and e-mail, and if he enters or resides in the Republic of Korea, he shall notify the other party of the change.

4. The other party shall cooperate with the claimant mentioned above in the interview right of the principal of the case and shall not interfere with such right.

5. The above visitation rights may be modified and adjusted by mutual agreement between the claimant and the other party according to the degree of growth and parenting of the principal of the case.

6. The costs of the trial shall be borne by the other party.

Purport of claim

Claimant 13: 00 to 19: The place designated by the claimant for each visit of Korea by 00:

the principal of this case. If the claimant is living in Korea, he shall be entitled to have the visitation right twice a month.

13: 00 to 19: The applicant may have the visitation right to the principal of the case at the place designated by the claimant.

C. The instant principal may have telephone conversations with the principal at any time from seven years of age, and the kindergarten, elementary school,

(2) In the event of the attendance at a middle or high school, the attendance at a kindergarten and school events may be held. The claimant may participate in various events

When sending a written paper, school supplies, mobile phone, etc., it shall be delivered to the principal of the case. The principal of the case shall be delivered 10

From time to time, if the United States wishes to attend language training using the summer, wintering, and wintering science.

Expenses shall be borne by the claimant, and the other party shall cooperate. The other party shall have the authority above.

He/she shall cooperate in the smooth conduct of compulsory appearance and interview to the principal of the case, and shall interfere with such conduct.

of the principal of the case. The above visitation right shall be subject to the extent and condition of the person concerned, depending on the degree and condition of the person concerned.

A substitute may be modified or adjusted by mutual consultation.

Reasons

1. Basic facts

According to the records and the results of the examination of this case, the following facts are recognized.

A. From January 2010, the claimant and the other party were living in the United States on February 26, 2010, while living in the United States, filed a marriage report in the United States on February 26, 2010, and completed the marriage report in Korea on May 27, 2010, and among them, the principal of the case was born.

B. The claimant and the other party are frequently dissatisfied with disputes arising in relation to cost-bearing and childcare. From January 201, the other party raised the principal of the case during a separate period of time. Ultimately, the claimant and the other party have been divorced on June 19, 2012 based on the final judgment of the relevant case, such as divorce.

C. In the above judgment, the other party was designated as the person with parental authority and the guardian for the principal of this case, and the amount to be paid by the claimant for the future rearing expenses of the principal of this case was KRW 80,00

D. The claimant is currently residing in the United States in light of the circumstances of the workplace, etc.

2. Determination

A. The parties' assertion

The claimant claims the visitation right with the principal of the case, such as the statement of the purport of the claim, and the other party abandons the principal of the case, such as leaving the U.S. continuously after the claimant was living separately, and the visit to Korea or in Korea is uncertain, and the reason that the interview right decision, such as the statement of the purport of the claim, will cause confusion to the principal of the case, and the claim of the claimant's visitation right should be dismissed at the present stage.

(b) judgment;

As a relative to the principal of the case, the claimant has the right to interview the principal of the case. The claimant's visitation right cannot be acknowledged to infringe the psychological stability and welfare of the principal of the case only with the other party's assertion, and there are no special circumstances to completely exclude the claimant's visitation right. Thus, the claimant's visitation right to the principal of the case should be protected.

Furthermore, with respect to the specific method of exercise and the scope of the claimant, the special circumstance and the age of the principal of the case who currently resides in the United States and the age of the principal of the case are still coming far far far away from the claimant, and the records and the results of the examination of this case are as follows: (a) comprehensively taking into account all the circumstances such as the process of fostering the principal of the case and the situation of custody, the emotional condition of the claimant and the other party, and the attitude of the interview between the claimant and the other party, etc., the psychological stability and welfare of the principal of the case as described in the disposition of this case are reasonable for both the claimant and the other party, and thus, the judgment of the court as above is in question.

Judges

Judges Lee Young-jin

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