If a report of marriage is completed by a foreign law in a foreign country which is a place of marriage, a separate report of marriage is required by the laws of the Korean country.

Article 15(1) of the Conflict of Laws is interpreted as the purport of Article 15(1) of the Civil Act that, in a case where a marriage between Korean people or between Korean people and foreign people is married in a foreign country, the method of the marriage is to be determined in accordance with the law of the place of the marriage. Thus, in a case where the marriage is completed in accordance with the method prescribed by the law of the country, the marriage is effective, and even if the marriage is not reported in accordance with the law of the country, it does not affect the establishment of the marriage. Even if the parties report the marriage in accordance with Articles 39 and 40 of the Family Register Act, it is not a creative report, but a report on the

Article 15(1) of the Conflict of Laws Act, Articles 812 and 814 of the Civil Act

Supreme Court Decision 83Do41 delivered on December 13, 1983 (Gong1984, 213) 91Meu535 delivered on December 10, 1991 (Gong192, 515)

[Judgment of the court below]

[Defendant-Appellant] Defendant 1

Seoul Family Court Decision 92Reu122 delivered on February 17, 1994

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

Article 15(1) of the Conflict of Laws provides that "the requirements for establishing a marriage shall be determined by the law of the place of marriage with respect to each of the parties." This provision is interpreted as "the method of marriage shall be determined by the law of the place of marriage with respect to each of the parties. However, if the marriage between the people of the country of the country or between the people of the country and the foreigner of the Republic of Korea takes place in a foreign country, that is, the method of the marriage shall be determined by the law of the place of marriage. Therefore, when the marriage procedure is completed in accordance with the method provided by the law of the country, the marriage shall be effective, and even if the marriage is not reported separately in accordance with the law of the country, it does not affect the establishment of the marriage, and even if the parties report the marriage in accordance with Articles 39 and 40 of the Family Register Act, it is not a creative report, but a report on the marriage already established (see each Decision 83Do41, Dec. 13, 1983).

The court below acknowledged that the non-party deceased was a Korean consul who had his permanent domicile in the Dong-dong, and was living in the North Korean War from March 1967 to September 12, 199, and was married in accordance with the method prescribed by Japanese law by reporting the marriage to the North Korean President on September 12, 1990, and the non-party deceased died on November 6, 1990. The defendant prepared a marriage report on March 7, 1991 and submitted it to the Korean consul on March 19, 191, and the report was received to the Mayor on May 13, 1991 through the Minister of Foreign Affairs, and the marriage between the non-party deceased and the defendant was legally established by reporting to the North Korean Administrator of the Korean War on September 12, 1990, and it cannot be viewed that the non-party deceased's death had an error of law in the misapprehension of legal principles as to the plaintiff's legal theory as to the marriage of this case and the plaintiff's legal reasoning.

Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)