가사사건의 국제재판관할에 관한 개정 국제사법의 검토

Abstract

The revised act on private international law was promulgated on January 4, 2022, by passing the plenary session of the National Assembly on December 9, 2021, and is implemented on July 5, 2022. This revision of private international law is intended to materialize Article 2 of the past private international law (Act No. 13759, before being fully amended as of January 4, 2022, hereinafter referred to as 'past private international law') about international judicial jurisdiction.
 Many attempts have paid off, and this amendment contains new details and details of international judicial jurisdiction to the extent that it is a new enactment of the law. One thing to keep in mind when determining the international jurisdiction in domestic cases is that the person at procedural inferiority must be protected. In particular, in domestic non-litigation cases where there is no other party, the review must be made in terms of guaranteeing the basic procedural rights of persons who will become warded persons or minors who are not formal parties but are the actual parties who will receive the effect of the trial directly. Each case should be reviewed to determine the existence of international jurisdiction.
 Since the revised private international law stipulates more political jurisdiction, especially in domestic cases, after the amended law goes into effect in the future, private international law is first applied to determine the existence of international judicial jurisdiction, and the In cases where the exercise is inappropriate, the case will be resolved in a way that faithfully embodies the idea of the distribution of international jurisdiction in individual cases by not exercising the jurisdiction as an exception. Through this, it is expected that the predictability of the court and the parties in international domestic cases can be greatly improved, and it is expected that it will greatly contribute to guaranteeing legal stability in the process. However, since international jurisdictional rules change with the times and circumstances, it is necessary to reexamine the international jurisdictional rules in the future.