Abstract
The Korean family has experienced diversity. Being in appearance, nuclear family has been reduced, single person household is getting absolute majority, and marriage and birth rate are seriously decreased. On the basis of superficial alterations, Koreans' perception about family is newly formed. As a result, people are most receptive to living together without marriage.
 However, Korean legal system does not accept the internal and external transition of family at all. The Korean civil law stands on the principle of legal marriage and does not stipulate de facto marriage relation. Despite all that, de facto marriage relation which has been acknowledged by legal theory and precedents is provided legal protection. But, the definition about de facto marriage is not clear. Basically, when the parties which are able to marry with legally, live together under social recognition without marriage registration, it is protected as de facto marriage. On the other hand the couple who were in same family lineage and thereby could not legally marry with by the previous Korean civil Law were recognized as de facto marriage relation. Furthermore, in the case of social security like pension, the spouse who had been in prohibition of marriage by the Korean civil law, was recognized as de facto marriage partner.
 Legal theory and precedents demand parties' intention of marriage, living together under supporting each other, and obtaining social approval as the conditions of de facto marriage. Parties' internal intention of marriage is presumed when the couple live together under supporting each other and receive social approval. Nevertheless, the Korean court does not admit same sex couple as de facto marriage relation, even if they live together under supporting each other and obtaining social acknowledge. The reason for it is that they can not marry with legally. This paper examines that the position of Korean court is not proper in the stage of getting fact finding and applying provisions of Korean civil law in the lawsuit. It claims also that on the basis of major legal theory and precedents about de facto marriage same sex couple belong to the relation.
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