PART I GENERAL PROVISIONS
The purpose of this Act is to maintain and promote family peace and the public morals of mutual aid among relatives on the basis of the dignity of personality and the equality of sexes, by prescribing special cases concerning the procedures for litigation, non-litigation and conciliation for by family affairs.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 2 (Matters under Jurisdiction of Family Court) |
| (1) | The following matters (hereinafter referred to as "family case") shall be examined and adjudicated under the exclusive jurisdiction of the family court: <Amended on Apr. 5, 2013; Jul. 30, 2013: Oct. 15, 2014; Dec. 2, 2016; Oct. 31, 2017> |
| 1. | Contentious family cases: |
| (i) | Nullification of marriage; |
| (ii) | Nullification of divorce; |
| (iii) | Nullification of affiliation; |
| (iv) | Confirmation as to whether a relationship with a legitimate child exists; |
| (v) | Nullification of adoption; |
| (vi) | Nullification of breach of adoption; |
| (i) | Confirmation on whether a de facto marriage relationship exists; |
| (ii) | Revocation of marriage; |
| (iii) | Revocation of divorce; |
| (v) | Determination on fatherhood; |
| (vi) | Denial of a legitimate child; |
| (vii) | Revocation of an affiliation; |
| (viii) | Objection against an affiliation; |
| (ix) | Request for an affiliation; |
| (x) | Revocation of an adoption; |
| (xi) | Revocation of waiver of adoption; |
| (xii) | Judicial waiver of adoption; |
| (xiii) | Revocation of a full adoption; |
| (xiv) | Waiver of a full adoption; |
| (i) | Claim for compensation for loss due to a cancellation of an engagement, or an unlawful annulment of the de facto marriage relationship (including a claim against a third person), and a claim for restitution; |
| (ii) | Claim for compensation for loss caused by a nullification or revocation of marriage, or that of divorce, or divorce (including a claim against a third person), and a claim for restitution; |
| (iii) | Claim for compensation for loss caused by a nullification or revocation of adoption, or that of a waiver of adoption, or a waiver of adoption (including a claim against a third person), and a claim for restitution; |
| (iv) | Claim for voiding a fraudulent act for the preservation of claim for division of property under Article 839-3 of the Civil Act and a claim for restitution thereof; |
| 2. | Non-contentious family cases: |
| (i-4) | Determination of and change to the scope of acts for which a person under limited guardianship shall obtain consent from a limited guardian, and permission substituting a limited guardian’s consent, pursuant to Articles 13 (1) through (3) of the Civil Act; |
| (x) | Deleted. <Jul. 30, 2013> |
| (xiii-3) | Termination of guardianship and designation of a person with parental authority pursuant to the Civil Act 909-2 (6); |
| (xiv) | Deleted; <Jan. 26, 2021> |
| (xvii) | Permission to surrender or recover the rights of representation on juridical acts, and those of the management of property, by a person with parental authority pursuant to Article 927 of the Civil Act; |
| (xviii-2) | Determination of or change to the scope of legal representation to be held by an adult guardian, and determination of or change to the scope of the authority of an adult guardian who can decide personal matters for a person under adult guardianship, pursuant to Articles 938 (2) through (4) of the Civil Act; |
| (xix) | Permission to resign a guardian of minor, adult guardian, limited guardian, specific guardian, supervisor of minor guardianship, supervisor of adult guardianship, supervisor of limited guardianship, supervisor of specific guardianship or supervisor of guardianship at will, pursuant to Article 939 of the Civil Act (including cases applicable mutatis mutandis under Articles 940-7, 959-3 (2), 959-5 (2), 959-9 (2) and 959-10 (2) of the Civil Act and cases applicable mutatis mutandis again under Article 940-7 to which Article 959-16 (3) of the same Act applies mutatis mutandis); |
| (xxi-3) | Determination of, change to or revocation of exercising the authority of several adult guardians, limited guardians, specific guardians, supervisors of adult guardianship, supervisors of limited guardianship, supervisors of specific guardianship or supervisors of guardianship at will, and adjudication substituting a declaration of intention of an adult guardian, limited guardian, specific guardian, supervisor of adult guardianship, supervisor of limited guardianship, supervisor of specific guardianship or supervisor of guardianship at will, pursuant to Article 949-2 of the Civil Act (including cases applicable mutatis mutandis under Articles 940-7, 959-5 (2), 959-6, 959-10 (2) and 959-12 of the Civil Act and cases applicable mutatis mutandis again under Article 940-7 to which Article 959-16 (3) of the same Act applies mutatis mutandis); |
| (xxii) | An order for disposition necessary to perform the guardianship duty, including investigation and management of the property status of a person under minor guardianship, person under adult guardianship, person under limited guardianship, or person under specific guardianship pursuant to Article 954 of the Civil Act (including cases applicable mutatis mutandis under Articles 948, 959-6 and 959-12 of the Civil Act); |
| (xxiii) | Payment of remuneration to a guardian of a minor, adult guardian, limited guardian, specific guardian, supervisor of minor guardianship, supervisor of adult guardianship, supervisor of limited guardianship, supervisor of specific guardianship or supervisor of guardianship at will pursuant to Article 955 of the Civil Act (including cases applicable mutatis mutandis under Articles 940-7, 948, 959-5 (2), 959-6, 959-10 (2) and 959-12 of the Civil Act and cases applicable mutatis mutandis again under Article 940-7 to which Article 959-16 (3) of the same Act applies mutatis mutandis); |
| (xxiv-2) | Adjudication to confer the power of representation on a limited guardian, and change the scope thereof, and determination and change of the scope of the authority of the limited guardian who can decide personal matters of a quasi-incompetent under limited guardianship, pursuant to Article 959-4 of the Civil Act; |
| (xxiv-6) | A request for a report on supervisory affairs to a supervisor of guardianship at will, an order to investigate the affairs of a supervisor of guardianship at will or the status of his or her own property, or an order for necessary disposition for the duty of a supervisor of guardianship at will, pursuant to Article 959-16 (2) of the Civil Act; |
| (xxv) | Deleted; <Apr. 5, 2013> |
| (xxvi) | Deleted; <Apr. 5, 2013> |
| (xxvii) | Deleted; <Apr. 5, 2013> |
| (xxviii) | Deleted; <Apr. 5, 2013> |
| (xxix) | Deleted; <Apr. 5, 2013> |
| (xxxvii) | Appointment of an administrator and public notice thereon, and disposition regarding the management of property, pursuant to Article 1053 of the Civil Act; |
| (iii) | Disposition regarding the fostering of children and alteration thereof, and the disposition, restriction, exclusion, or alteration of the visitation right, pursuant to Articles 837 and 837-2 of the Civil Act (including cases where any of the aforementioned provisions applies mutatis mutandis under Article 843 of the same Act, and where it has been caused by a revocation of marriage or an affiliation thereof); |
| (vii) | Adjudication on loss, temporary suspension, partial limitation, or recovery of parental authority, or adjudication on loss or recovery of representative right to legal acts and property administration right, pursuant to Articles 924, 924-2, 925, and 926 of the Civil Act; |
| (2) | The family court shall conduct a trial and adjudicate on the matters falling under the jurisdiction of the family court, as prescribed by other Acts or the Supreme Court Regulations. |
| (3) | Except as otherwise expressly prescribed in Acts or the Supreme Court Regulations, the procedures for cases provided for in paragraph (2) shall be subject to the procedures for the Category D non-contentious family cases. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 3 (Designation of Jurisdiction between District Court and Family Court) |
| (1) | When it is not obvious which court exercises the jurisdiction over a case from among the family court and the district court, the high court being common to the relevant courts shall designate the competent court. |
| (3) | Any case designated to fall under jurisdiction of the family court pursuant to paragraph (1) shall be dealt with under the procedures prescribed by this Act, and any case designated to fall under jurisdiction of the district court, under civil procedures, respectively. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 4 (Exclusion, Challenge and Evasion) |
Of the provisions of the Civil Procedure Act concerning the exclusion, challenge and evasion of the court personnel, the matters concerning judges shall apply mutatis mutandis to the chief mediator and members of the conciliation committee. and those concerning the junior administrative officer, etc., to the officials in charge of family fact-finding affairs, respectively. [This Article Wholly Amended on Mar. 31, 2010]
For an institution of litigation, request for adjudication, application for conciliation, or other requests for a trial and disposition, fees shall be paid, as determined by the Supreme Court Regulations.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 6 (Official in Charge of Family Fact-Finding Affairs) |
| (1) | An official in charge of family fact-finding affairs shall investigate the facts under the order of the presiding judge, chief mediator, or judge in charge of conciliation. |
| (2) | Matters concerning the method and procedure of the fact-finding by an official in charge of such family fact-finding mission shall be determined by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 7 (Principle of Appearance in Person) |
| (1) | The parties concerned and interested persons who are summoned at the date for pleading, examination or conciliation of the family court, conciliation committee, or judge in charge of conciliation, shall appear in person or by legal representative: Provided, That when any special situation exists, they may be present by a representative, and accompanied by an assistant, subject to permission from the presiding judge, chief mediator, or judge in charge of conciliation. |
| (2) | Where a person who is not a lawyer intends to become a representative or assistant, the person shall obtain prior permission from the presiding judge, chief mediator, or judge in charge of conciliation. |
| (3) | The presiding judge, chief mediator or judge in charge of conciliation may revoke, at any time, permission under paragraphs (1) and (2), and order the principal to appear together with a legal representative or representative. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 8 (Entrustment of Fact-Finding) |
The presiding judge, chief mediator, judge in charge of conciliation or officials in charge of fact-finding affairs may, if deemed necessary for fact-finding, entrust fact-finding affairs to an administrative agency, such as the police, and other organizations or individuals corresponding thereto, and to have them to report on the required matters.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 9 (Entrustment of Recording in Family Relationship Register) |
When a judgment or adjudication prescribed by the Supreme Court Regulations becomes final or takes effect, the family court shall entrust a person in charge of registering family relationship, without delay, to file to register such fact in the family relationship register, or a person in charge of guardianship registration to file to register such fact in the guardianship register, as prescribed by the Supreme Court Regulations. <Amended on Apr. 5, 2013>
[This Article Wholly Amended on Mar. 31, 2010]
[Title Amended on Apr. 5, 2013]
| Article 10 (Prohibition of Report) |
With respect to any case which is under proceedings in, or settled by, the family court, no fact or photograph to the level sufficient to surmise the identity from the name, age, occupation, appearance, etc. shall be printed in any newspaper, magazine and other publications, or be broadcasted.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 10-2 (Inspection of Records) |
| (1) | The parties concerned or a third party who clearly expresses interest may request the following from a court administrative officer, junior court administrative officer, chief court clerk or senior court clerk (hereinafter referred to as "junior court administrative officer, etc."): |
| 1. | To issue the authentic copy, certified copy or abridged copy of the judgment document; |
| 2. | To issue a certificate of the matters related to litigation. |
| (2) | The parties concerned or a third party who clearly expresses interest may request the following from a junior court administrative officer, etc. upon obtaining permission from the presiding judge: |
| 1. | To issue the authentic copy, certified copy or abridged copy of protocol; |
| 2. | Inspecting and taking copies of records. |
| (3) | The purport shall be stated in the authentic copy, certified copy or abridged copy of the judgment document and protocol issued at the request made under paragraph (1) 1 or paragraph (2) 1, and the relevant junior court administrative officer, etc. shall note his or her signature and seal thereon. |
| (4) | Any person who files a request under paragraph (1) or (2) shall pay charges prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended on Apr. 5, 2013]
| Article 11 (Delegated Provisions) |
Matters necessary for the procedures of the trial and conciliation for family cases shall be determined by the Supreme Court Regulations.
[This Article Wholly Amended on Mar. 31, 2010]
PART II FAMILY LITIGATION
CHAPTER I COMMON PROVISIONS
| Article 12 (Applicable Acts) |
Except as otherwise prescribed in this Act, the procedures for family litigation shall be governed by the provisions of the Civil Procedure Act: Provided, That Articles 147 (2), 149, 150 (1), 284 (1), 285, 349, 350, and 410 of the Civil Procedure Act, the provisions concerning the acknowledgment of claims from among those of Article 220 of the said Act, and the provisions concerning the confessions from among those of Article 288 of the said Act, shall not apply to cases of family litigations of Category A and Category B. [This Article Wholly Amended on Mar. 31, 2010]
| Article 13 (Jurisdiction) |
| (1) | Except as otherwise provided in this Act, family litigation shall be under the jurisdiction of the family court in the location of a general forum of the relevant defendant. |
| (2) | Where the jurisdiction of a family litigation is to be determined by the domicile, residence or last address of a party or interested person, if such domicile, residence or last address is not located in Korea, or it is impossible to know it, the family litigation shall be under the jurisdiction of the family court in the location of the Supreme Court. |
| (3) | When the family court deems that the whole or part of a litigation does not fall under its jurisdiction, the family court shall, by decision, transfer the litigation to the competent court. |
| (4) | When it is necessary to avoid any remarkable damages or delay with respect to family litigation cases under the jurisdiction of the family court, the family court may transfer the cases to another competent family court either ex officio or upon request of the party. |
| (5) | An immediate appeal may be made against a decision on transfer and a decision on rejection of a request for transfer. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 14 (Joining of Related Cases) |
| (1) | Where a multiple number of claims for several family litigation cases, or family litigation cases and family non-litigation cases are based on the identical facts and circumstances, or the propriety of one claim becomes a pre-requisite for the propriety of the other claims, the cases may be instituted in a single litigation. |
| (2) | Where the competent courts for the cases under paragraph (1) are different, a litigation may be initiated in the family court having the jurisdiction over one claim among the family litigation cases. |
| (3) | Where a litigation exists over a case of family litigation of Category A or B, and a case of family litigation of Category C or a family non-litigation, which is in the relation of paragraph (1) with the case, is pending in a different family court, the court of a lawsuit for a case of family litigation of Category A or B may, by decision, join the case of family litigation of Category C or that of family non-litigation, either ex officio or upon request of a party. |
| (4) | Several claims joined under paragraph (1) or (3) shall be judged by a single decision. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 15 (Addition and Correction of Parties) |
| (1) | An addition of indispensable co-litigants or a rectification of the defendant under Article 68 or 260 of the Civil Procedure Act, may be made by not later than the time the pleadings closes in fact-finding proceedings. |
| (2) | Where the defendant is rectified under paragraph (1), the litigation shall be deemed to have been instituted against the defendant rectified at the time the initial litigation is instituted, only for the matters concerning a social status. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 16 (Succession to Proceedings) |
| (1) | Where a plaintiff in a case of family litigation of Category A or B becomes unable to continue the proceedings due to his or her death or other causes (excluding cases where litigation capacity is lost), another person entitled to institute a litigation may succeed to the proceedings. |
| (2) | An application for succession under paragraph (1) shall be filed within six months from the time the causes for succession occur. |
| (3) | Where no application for succession is filed within the period under paragraph (2), the litigation shall be deemed to have been withdrawn. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 17 (Ex Officio Investigation) |
In examining a family litigation case of Category A or B, the family court shall conduct ex officio a fact-finding and the required investigation into evidence, and may interrogate at any time the party concerned or his or her legal representative.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 18 (Special Case concerning Bearing of Litigation Costs) |
When a public prosecutor has lost a litigation as a litigant, the cost of litigation shall be borne by the National Treasury.
[This Article Wholly Amended on Mar. 31, 2010]
| (1) | If a person is dissatisfied with a judgment of the family court, the person may file an appeal within 14 days from the day an authentic copy of judgment is served: Provided, That an appeal may be filed even before an authentic copy of judgment is served. |
| (2) | The provisions concerning the proceedings of the first instance shall apply mutatis mutandis to the proceedings of the court of appeals. |
| (3) | The court of appeals may reject an appeal even when the appeal is well-grounded, if it is deemed that any revocation or alteration of the decision of the first instance is contrary to the social justice and the ideology of equity, or is not pertinent for the maintenance of family peace and morals and custom. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 20 (Final Appeal) |
If a person is dissatisfied with a judgment of the court of appeals, the person may file a final appeal to the Supreme Court within 14 days from the day an authentic copy of judgment has been served: Provided, That a final appeal may be filed even before an authentic copy of judgment is served.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 21 (Special Cases concerning Subjective Scope of Res Judicata) |
| (1) | Final and conclusive judgment which has admitted a claim of the family litigation case of Category A or B, shall have the effect on a third person. |
| (2) | When a judgment rejecting a claim under paragraph (1) has been made final and conclusive, other persons entitled to institute a litigation may not file a litigation again, unless any justifiable reason exists for having been unable to participate before closing the pleadings in the fact-finding proceedings. |
[This Article Wholly Amended on Mar. 31, 2010]
CHAPTER II MARRIAGE-RELATED LITIGATION
| Article 22 (Jurisdiction) |
Litigations over a nullity or revocation of marriage or divorce, or over a judicial divorce shall be subject to the exclusive jurisdiction of family courts under the classification of the following subparagraphs:
| 1. | When the married couple has a general forum in the district under jurisdiction of the same family court, the family court; |
| 2. | When a general forum of either side of the married couple exists in the district under jurisdiction of the family court wherein they had the last common domicile, the family court; |
| 3. | In cases which does not fall under subparagraphs 1 and 2, when either side of the married couple institutes a litigation against the other party, the family court in the location of a general forum of the other party; and when the litigation is against both of the married couple, the family court in the location of a general forum of one of them; |
| 4. | When either side of the married couple is deceased, the family court in the location of a general forum of the bereaved one; |
| 5. | Where both of the married couple are deceased, the family court in the location of the last domicile of one of them. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 23 (Persons Entitled to Institute Litigation over Nullity of Marriage and Divorce) |
Any party, legal representative or relative within the fourth degree may institute at any time a litigation over a nullity of marriage or divorce.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 24 (Other Party to Litigations over Nullity or Revocation of Marriage and Divorce) |
| (1) | When either side of the married couple institutes a litigation over a nullity or revocation of the marriage, or a nullity of divorce, the spouse shall be the other party. |
| (2) | When a third person institutes a litigation under paragraph (1), the married couple shall be the other parties, and when either side of the married couple is deceased, the bereaved one shall be the other party. |
| (3) | When any person who is to be the other party pursuant to paragraphs (1) and (2) is deceased, a public prosecutor shall be the other party. |
| (4) | Paragraphs (1) and (3) shall apply mutatis mutandis to litigations over revocation of divorce. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 25 (Advice to Consult on Designation of Persons Exercising Parental Authority) |
| (1) | When a family court examines a claim for revocation of marriage or judicial divorce of the married couple who have a minor child, the family court shall advise the parents to consult on the matters in the following subparagraphs beforehand in preparation for cases where the claim is accepted: |
| 1. | Person to be designated as the one to exercise parental authority over a minor child; |
| 2. | Right to rear and to contact and communicate with a minor child. |
| (2) | Where a claim for nullity of marriage is accepted after a family court has examined it, paragraph (1) shall apply to cases where a husband has a minor child who maintains a father-child relationship with the husband. |
[This Article Wholly Amended on Mar. 31, 2010]
CHAPTER III LITIGATION OVER RELATION BETWEEN PARENTS AND THEIR CHILDREN
SECTION 1 Relation of Legitimate Children
| Article 26 (Jurisdiction) |
| (1) | Litigations over a denial of legitimate birth, nullity or revocation of affiliation, or determination of paternity prescribed in Article 845 of the Civil Act, shall be subject to the exclusive jurisdiction of the family court in the location of the child’s general forum, and when the child is deceased, the family court at his or her last domicile. |
| (2) | A litigation over objection against an affiliation, litigation over a claim for affiliation, or litigation over a confirmation of existence of paternity pursuant to Article 865 of the Civil Act, shall be subject to the exclusive jurisdiction of the family court in the location of a general forum of the other party (when several other parties exist, one of them), and when all of the other parties are deceased, the family court at the last domicile of one of them. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 27 (Parties to Litigation over Determination of Paternity) |
| (1) | A litigation over determining the paternity pursuant to Article 845 of the Civil Act may be instituted by the child, the mother, her spouse or her ex-spouse. |
| (2) | Where a litigation is instituted by the child, the mother, her spouse and her ex-spouse shall become the other party, and where a litigation is instituted by the mother, her spouse and ex-spouse shall become the other party. |
| (3) | Where a litigation is instituted by the mother’s spouse, the mother and her ex-spouse shall become the other party, and where a litigation is instituted by her ex-spouse, the mother and her spouse shall become the other party. |
| (4) | In cases of paragraphs (2) and (3), when any deceased one among the persons becomes the other party, the bereaved person shall become the other party, and when there exists no survivor, the litigation may be instituted against the public prosecutor as the other party. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 28 (Provisions Applicable Mutatis Mutandis) |
Articles 23 and 24 shall apply mutatis mutandis to litigations on the nullity of affiliation, Article 24 shall apply mutatis mutandis to litigations on the revocation of affiliation, objection against affiliation, or confirmation on whether a relationship with a legitimate child exists, and Article 25 (1) shall apply mutatis mutandis to litigations on requests for affiliation. [This Article Wholly Amended on Mar. 31, 2010]
| Article 29 (Order to Undergo Inspection of Blood Type) |
| (1) | When a family court has failed to obtain a confident belief by any other investigation of evidence where it is necessary to confirm the existence of a relationship by blood between the parties or the interested persons, the family court may order the parties or the interested persons to undergo an inspection on the gene, such as an inspection on blood type, etc. by extracting the blood, and an inspection by other methods deemed to be appropriate, within the scope not prejudicing the health and dignity of personality of those to be inspected. |
| (2) | In issuing an order under paragraph (1), the sanction pursuant to Article 67 shall be notified. |
[This Article Wholly Amended on Mar. 31, 2010]
SECTION 2 Relationship of Adoption and Full Adoption
| Article 30 (Jurisdiction) |
Litigations under the following subparagraphs shall be subject to the exclusive jurisdiction of the family court at the location of the general forum of one of the foster parents and, if all the foster parents are deceased, to the exclusive jurisdiction of the family court at the location of the last domicile of one of the foster parents:
| 2. | Revocation of adoption or full adoption; |
| 4. | Breach of full adoption; |
| 5. | Nullity or revocation of breach of full adoption. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 31 (Provisions Applicable Mutatis Mutandis) |
Articles 23 and 24 shall apply mutatis mutandis to litigations on the nullity of adoption and nullity of breach of adoption, and Article 24 shall apply mutatis mutandis to litigations on the revocation of adoption or full adoption, breach of full adoption, and revocation of breach of full adoption. [This Article Wholly Amended on Mar. 31, 2010]
| Article 32 Deleted <Mar. 31, 2005> |
| Article 33 Deleted <Mar. 31, 2005> |
PART III FAMILY NON-LITIGATION
CHAPTER I COMMON PROVISIONS
| Article 34 (Acts Applicable Mutatis Mutandis) |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 35 (Jurisdiction) |
| (1) | Any family non-litigation case for which the competent court has not been determined by this Act and the Supreme Court Regulations, shall be subject to the jurisdiction of the family court at the location of the Supreme Court. |
| (2) | Article 13 (2) through (5) shall apply mutatis mutandis to family non-litigation cases. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 36 (Mode of Request) |
| (1) | A request for a family non-litigation case shall be made by filing a request for an adjudication with the family court. |
| (2) | A request for adjudication may be made orally or in writing. |
| (3) | The following matters shall be indicated in a written request for adjudication, and the applicant or representative thereof shall affix his or her name and seal or sign thereon: <Amended on Jan. 19, 2016> |
| 1. | Standard place of registration, address, name and date of birth of the party concerned, and if requested by a representative, the address and name of the representative; |
| 2. | Purport and cause of the request; |
| 3. | Date the claim is filed; |
| 4. | Indication of the family court. |
| (4) | When a request for adjudication is made orally, the requester shall make a statement in the presence of junior court administrative officers, etc. of the family court. |
| (5) | In cases of paragraph (4), the junior court administrative officers, etc. shall prepare a protocol specifying the matters falling under each subparagraph of paragraph (3), and affix his or her name and seal thereon. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 37 (Intervention by Interested Persons) |
| (1) | Any person interested in a request for adjudication may intervene in the procedure by obtaining permission from the presiding judge. |
| (2) | The presiding judge may, if deemed proper, have a person interested in a request for adjudication intervene in the procedure. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 37-2 (Intervention in Procedure) |
| (1) | The family court may intervene in a procedure for a person who are financially incapable of paying costs incurred in taking procedures for a non-contentious family case or whose lives are substantially affected if he or she pays the costs, either upon request by the person or ex officio: Provided, That the same shall not apply where it is obvious that the applicant requests an adjudication for a wrongful purpose. |
[This Article Newly Inserted on Apr. 5, 2013]
| Article 38 (Examination of Evidence) |
The family court may, if deemed necessary, examine the party concerned or legal representative thereof by the mode of party examination, and examine other interested persons by the mode of examination of a witness.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 39 (Mode of Judgment) |
| (1) | The final judgment of the first instance on a family non-litigation case shall be rendered by adjudication: Provided, That the same shall not apply to cases where the final judgment is to be rendered due to the procedural reasons. |
| (2) | A written adjudication shall specify the following matters, and the judge who has made the adjudication shall affix his or her name and seal thereon. Where there exists any obstruction for the judge who has made the adjudication in affixing his or her name and seal thereon, another judge shall enter the reasons therefor and affix his or her signature and seal thereon: |
| 1. | Party concerned and his legal representative; |
| (3) | A written adjudication of a family non-litigation case of Category D need not specify the reason. |
| (4) | The provisions concerning decisions under the Civil Procedure Act shall apply mutatis mutandis to adjudications. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 40 (Time of Taking Effect for Adjudication) |
An adjudication shall take effect by giving notice to a person to be adjudicated: Provided, That the adjudication against which an immediate appeal may be raised under Article 43, shall be effective only after the adjudication becomes final and conclusive. [This Article Wholly Amended on Mar. 31, 2010]
| Article 41 (Executive Force of Adjudication) |
An adjudication ordering a payment of money, delivery of goods, performance of registration and other obligations, shall become an execution title.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 42 (Provisional Execution) |
| (1) | For an adjudication on a claim for property or on a handover of a child, which is subject to an immediate appeal, an order shall be issued to the effect that a provisional execution may be effected without having any security furnished. |
| (2) | The family court may, either ex officio or upon request of the party concerned, issue an order to the effect that a provisional execution may be exempted by furnishing a proper amount of money as security for the property which is the object of performance. |
| (3) | Paragraph (1) shall apply mutatis mutandis even to cases where a handover of a child is ordered by a judgment. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 43 (Dissatisfaction) |
| (1) | An immediate appeal may be made against an adjudication only in cases determined by the Supreme Court Regulations. |
| (2) | The provisions concerning the judicial proceedings in the first instance shall apply mutatis mutandis to judicial proceedings in an appellate court. |
| (3) | Where an appellate court deems that the appeal is well-grounded, it shall revoke the original adjudication, and make a proper decision by itself: Provided, That when deemed that it is improper for the appellate court to make a decision by itself, it shall remand the case to the original court. |
| (4) | With regard to the decision of the appellate court, a re-appeal may be made to the Supreme Court only in cases where it is made on the ground that any violation of the Constitution, Acts, Decrees or Regulations which have affected the judgment exists. |
| (5) | The period of an immediate appeal shall be 14 days from the day determined by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 31, 2010]
CHAPTER II FAMILY NON-LITIGATION CASE OF CATEGORY D
| Article 44 (Jurisdiction) |
| (1) | Category D non-contentious family cases shall be under the jurisdiction of the following family courts: <Amended on Apr. 5, 2013; Oct. 31, 2017> |
| 1. | For any of the following cases, the family court at the domicile of the principal of the cases: |
| (a) | Deleted; <Apr. 5, 2013> |
| (b) | Cases concerning missing persons; |
| (c) | Cases concerning the creation of a surname and its origin; |
| (d) | Cases concerning the continued use of a child’s former surname and its origin; |
| (e) | Cases concerning change of a child’s surname and its origin; |
| 1-2. | For cases concerning minor guardianship, adult guardianship, limited guardianship, specific guardianship and guardianship at will, the family court at the domicile of the relevant guardianship (including the person to be under guardianship): Provided, That for cases concerning guardianship after adjudication to commence adult guardianship or limited guardianship, adjudication on specific guardianship, or adjudication to appoint a supervisor of minor guardianship or supervisor of guardianship at will becomes respectively final, the family court that has rendered the adjudication to commence guardianship, etc. (when an appellate court has rendered the adjudication to commence guardianship, etc., the family court of first instance that dealt with the relevant case); |
| 2. | For cases concerning the management of an absentee’s property, the family court at the last domicile of the absentee or at the seat of his or her property; |
| 3. | For cases concerning an amendment to a property agreement between the married couple, and cases determining the method of jointly exercising parental authority over a common child, the family court as prescribed in subparagraphs 1 through 3 of Article 22; |
| 3-2. | For cases concerning permission for denial of paternity and recognition, the family court at the domicile of the relevant child; |
| 4. | For cases concerning adoption, full adoption or waiver of adoption or full adoption, the family court at the domicile of the foster child or prospective adoptee; |
| 5. | For cases concerning parental authority (excluding determination of the method of exercising parental authority over a common child between the married couple), the family court at the domicile of the relevant minor child; |
| 6. | For cases concerning inheritance, the family court at the place where the inheritance commences; |
| 7. | For cases concerning a will, the family court at the place for commencing the inheritance: Provided, That for cases of a probate of will under Article 1070 (2) of the Civil Act, the family court at the place where inheritance commences or at the domicile of the relevant testator; |
| 8. | For cases which do not fall under subparagraphs 1 through 7, the family court determined by the Supreme Court Regulations. |
| (2) | If deemed in the interest of the person under guardianship, the family court may change the family court having jurisdiction specified in the proviso to paragraph (1) 1-2 to the family court at the domicile of the person under guardianship, either ex officio or by ruling upon request of the guardian, supervisor of guardianship, person under guardianship, spouse of the person under guardianship, a relative within the fourth degree, a public prosecutor, or the head of a local government. <Newly Inserted on Oct. 31, 2017> |
| (3) | An immediate appeal may be made against a decision on rejection of a request for change by the applicant; and against a decision on change by the guardian, supervisor of guardianship, or the person under guardianship. An immediate appeal against a decision on change has the effect of suspending execution. <Newly Inserted on Oct. 31, 2017> |
[This Article Wholly Amended on Mar. 31, 2010]
[Title Amended on Oct. 31, 2017]
| Article 45 (Method of Trial) |
Adjudication on a Category D non-contentious family case may be rendered without examining the persons interested in such case, unless otherwise expressly provided for in other Acts or the Supreme Court Regulations. <Amended on Apr. 5, 2013>
[This Article Wholly Amended on Mar. 31, 2010]
| Article 45-2 (Appraisal of Mental State) |
| (1) | For adjudication to commence adult guardianship or limited guardianship, the family court shall have a doctor to appraise the mental state of a person to be under adult guardianship or under limited guardianship: Provided, That the same shall not apply where sufficient data exists to judge the mental state of a person to be placed under adult guardianship or limited guardianship. |
| (2) | For adjudication on specific guardianship, the family court shall hear the opinions of a doctor or other person with expertise. In such cases, the court may have him or her state his or her opinion verbally or submit a medical certificate or other documents corresponding thereto. |
[This Article Newly Inserted on Apr. 5, 2013]
| Article 45-3 (Hearing Statement in Adjudications Concerning Adult Guardianship, Limited Guardianship or Specific Guardianship) |
| (1) | For any of the following adjudications, the family court shall hear the statement of a person stipulated by relevant provisions: Provided, That the same shall not apply where a person under adult guardianship (including a person to be placed under adult guardianship) or guardianship at will (including a person to be placed under guardianship at will) is unconscious or cannot express his or her own opinion for other reasons: |
| 1. | For adjudication to commence adult guardianship, limited guardianship, or specific guardianship: A person to be placed under adult guardianship, limited guardianship or specific guardianship: Provided, That for the cases where a guardianship contract is registered, a guardianship at will and a guardian at will; |
| 2. | For adjudication to terminate adult guardianship, limited guardianship or specific guardianship: A person under adult guardianship and an adult guardian; a person under limited guardianship and a limited guardian; or a person under specific guardianship and a specific guardian; |
| 3. | For adjudication to appoint an adult guardian, limited guardian or specific guardian: A person under adult guardianship (including person to be placed under adult guardianship) and person to serve as an adult guardian; a person under limited guardianship (including a person to be placed under limited guardianship) and a person to serve as a limited guardian; a person under specific guardianship (including a person to be placed under specific guardianship) and a person to serve as a specific guardian; |
| 4. | For adjudication to appoint a supervisor of adult guardianship, supervisor of limited guardianship or supervisor of specific guardianship: A person under adult guardianship (including a person to be placed under adult guardianship) and a person to serve as a supervisor of adult guardianship; a person under limited guardianship (including a person to be placed under limited guardianship) and a person to serve as a supervisor of limited guardianship; a person under specific guardianship (including a person to be placed under specific guardianship) and a person to serve as a supervisor of specific guardianship; |
| 5. | For adjudication to replace an adult guardian, limited guardian and specific guardian: A person under adult guardianship, an adult guardian subject to such request for replacement and person to serve as an adult guardian; a person under limited guardianship, a limited guardian subject to such request for replacement and a person to serve as a limited guardian; a person under specific guardianship, a specific guardian subject to such request for replacement and a person to serve as a specific guardian; |
| 6. | For adjudication to replace a supervisor of adult guardianship, supervisor of limited guardianship or supervisor of specific guardianship: A person under adult guardianship, a supervisor of adult guardianship subject to such request for replacement and a person to serve as a supervisor of adult guardianship; a person under limited guardianship, a supervisor of limited guardianship subject to such request for replacement and a person to serve as a supervisor of limited guardianship; a person under specific guardianship, a supervisor of specific guardianship subject to such request for replacement and a person to serve as a supervisor of specific guardianship; |
| 7. | For adjudication to determine and change the scope of irrevocable juridical acts of a person under adult guardianship, or to determine the scope of legal representation of an adult guardian or a limited guardian, and change thereof: A person under adult guardianship (including a person to be placed under adult guardianship) and a person under limited guardianship (including a person to serve as a limited guardian); |
| 8. | For adjudication to determine and change the scope of authority of a person under adult guardianship or a limited guardian who can decide personal matters for a person under adult guardianship or a person under limited guardianship, or to grant permission to isolate a person under adult guardianship or a person under limited guardianship: A person under adult guardianship (including a person to be placed under adult guardianship) and a limited guardian (including a person to serve as a limited guardian); |
| 9. | For adjudication to grant permission to consent to perform a medical procedure in relation to minor guardianship, adult guardianship or a person under limited guardianship: A minor under adult guardianship (including a minor to be placed under adult guardianship), a person under adult guardianship (including person to be placed under adult guardianship) and a person under limited guardianship (including a person to serve as a limited guardian); |
| 10. | For adjudication to determine or change the scope of acts for which a quasi-incompetent person under limited guardianship shall obtain consent from a limited guardian: A quasi-incompetent under limited guardianship (including a quasi-incompetent person to be placed under limited guardianship); |
| 11. | For adjudication to grant permission substituting the consent of a limited guard: A quasi-incompetent under limited guardianship and a limited guardian; |
| 12. | For adjudication to grant permission to sell, etc. a building or land where a minor under adult guardianship, a person under adult guardianship or person under limited guardianship: a minor under adult guardianship, a person under adult guardianship or a person under limited guardianship resides; |
| 13. | For adjudication on conferring power of representation on a specific guardian: a person under specific guardianship (including a person to serve as a specific guardian). |
| (2) | When the family court listens to a statement pursuant to paragraph (1) 1 or 2, it shall examine a person under adult guardianship (including person to be placed under adult guardianship), a person under limited guardianship (including a person to be placed under limited guardianship) or a person under specific guardianship (including a person to placed under specific guardianship): Provided, That the same shall not apply in any special circumstance preventing the examination, including where the relevant person cannot express his or her own opinion or refuses to appear. |
[This Article Newly Inserted on Apr. 5, 2013]
| Article 45-4 (Supervision of Guardianship Affairs) |
| (1) | The family court may require a person recognized as having professional knowledge and showing impartiality, to investigate the status of the affairs of adult guardianship, limited guardianship or specific guardianship, or the status of the property of a person under adult guardianship, a person under limited guardianship, or a person under specific guardianship, or to manage the property thereof provisionally. In such cases, the family court may have a junior court administrative officer, etc. or family affairs investigator investigate the status of the affairs or the status of the property or manage the property provisionally. |
| (2) | The family court may pay substantial remuneration from the property of a person under adult guardianship, a person under limited guardianship or a person under specific guardianship to a person who investigates the status of affairs or the property or manage the property provisionally pursuant to paragraph (1): Provided, That the family court shall not pay separate remuneration to court officials, including junior court administrative officers, etc. or family affairs investigators. |
[This Article Newly Inserted on Apr. 5, 2013]
| Article 45-5 (Hearings Results of Diagnosis) |
To appoint a supervisor of guardianship at will, the family court shall hear the opinions of a doctor or other person with expertise regarding the mental state of a person to be placed under guardianship at will. In such cases, the court may have him or her state his or her opinion verbally or submit a medical certificate or equivalent document.
[This Article Newly Inserted on Apr. 5, 2013]
| Article 45-6 (Listening Statement in Adjudications Concerning Guardianship at Will) |
| (1) | For any of the following adjudications, the family court shall listen to the statement of a person stipulated by the relevant provisions: Provided, That the same shall not apply where a voluntary ward (including a prospective voluntary ward) is unconscious or cannot express his or her own opinion for other reasons: |
| 1. | For adjudication on appointment of a supervisor of guardianship at will: A person to be placed under guardianship at will, person to serve as a supervisor of guardianship at will and a person to serve as a voluntary guardian; |
| 2. | For adjudication on replacement of a supervisor of guardianship at will: a voluntary ward, a voluntary guardian, a supervisor of guardianship at will subject to such request for replacement and a person to serve as a supervisor of guardianship at will; |
| 3. | For adjudication on dismissal of a voluntary guardian: a person under guardianship at will and a voluntary guardian whose dismissal is requested; |
| 4. | For adjudication on permission concerning termination of guardianship contract: a person under guardianship at will and a voluntary guardian. |
| (2) | For adjudications referred to in paragraph (1) 1 or 4, the family court shall examine a voluntary ward (including a prospective voluntary ward): Provided, That the same shall not apply in any special circumstance preventing the examination, including where the relevant person cannot express his or her own opinion or refuses to appear. |
[This Article Newly Inserted on Apr. 5, 2013]
| Article 45-7 (Investigation of Status of Supervisory Affairs of Guardianship at will) |
The family court may have a junior court administrative officer, etc. or family affairs investigators investigate the status of supervisory affairs of guardianship at will.
[This Article Newly Inserted on Apr. 5, 2013]
| Article 45-8 (Hearing Statements at Adjudication for Denial of Paternality or Recognition) |
| (1) | For adjudication to grant either of the following permissions, the family court may give the former spouse of the mother and the adult guardian (limited to where an adult guardian exists) opportunities to present opinions: |
| (2) | The family court may hear opinions under paragraph (1) through investigations by an official in charge of family fact-finding affairs or written inquiries, other than examination of the relevant person. |
[This Article Newly Inserted on Oct. 31, 2017]
[Previous Article 45-8 moved to Article 45-9 <Oct. 31, 2017>]
| Article 45-9 (Procedure for Permission for Adoption) |
| (1) | For adjudication to grant permission for adoption, the family court shall hear the opinions from the following persons: Provided, That the same shall not apply where the relevant person is unconscious or cannot express his or her own opinion for other reasons: |
| 1. | A prospective foster child (referring only to where the prospective foster child is at least 13 years of age); |
| 2. | A legal representative and guardian of a prospective foster child; |
| 4. | A guardian of the parents of a prospective foster child; |
| 5. | A prospective foster parent; |
| 6. | An adult guardian of a prospective foster parent. |
| (2) | The family court may request the provision of relevant material according to the following classifications, if deemed necessary for the welfare of a prospective foster child. In such cases, if no just grounds exist, the institution, upon receipt of a request to provide material, shall provide relevant materials: |
| 1. | To verify the domicile and family relationship, etc. of a prospective foster parent: A certified copy or abridged copy of resident registration card, from the head of the relevant Si/Gun/Gu; |
| 2. | To verify the income of a prospective foster parent: Earned income data and business income data from the Commissioner of the National Tax Service; |
| 3. | To verify the criminal history of a prospective foster parent: criminal history record from the Commissioner of the National Police Agency; |
| 4. | Scope deemed particularly necessary to verify whether a prospective foster parent has a disease or mental handicap related to the ability of fostering: Medical record data from the heads of the medical institutions under the Medical Service Act or the head of National Health Insurance Service under the National Health Insurance Act. |
[This Article Newly Inserted on Jul. 30, 2013]
[Moved from Article 45-8 <Oct. 31, 2017>]
CHAPTER III FAMILY NON-LITIGATION CASES OF CATEGORY E
| Article 46 (Jurisdiction) |
Family non-litigation cases of Category E shall be subject to the jurisdiction of the family court at the seat of a general forum of the other party. <Amended on Oct. 15, 2014>
[This Article Wholly Amended on Mar. 31, 2010]
| Article 47 (Provisions Applicable Mutatis Mutanids to Joint Litigation) |
When several applicants for a family non-litigation case of Category E or several other parties thereto exist, the provisions concerning joint litigations under the Civil Procedure Act shall apply mutatis mutandis. [This Article Wholly Amended on Mar. 31, 2010]
| Article 48 (Method of Examination) |
Adjudication on a family non-litigation case of Category E shall be rendered by examining the persons interested in such case, unless any special reason exists to the contrary.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 48-2 (Property Statement) |
| (1) | Any family court may, when deeming specifically required for cases claiming division of property, support allowances and child support for minor children, order the relevant party to submit a property list stating his or her property status either ex officio or upon request by the relevant party. |
| (2) | Matters necessary for procedures, methods, etc. of property statement under paragraph (1) shall be determined by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 48-3 (Property Inquiry) |
| (1) | Any family court may inquire the property under the title of the relevant party, either ex officio or upon request by the relevant party, when deemed difficult to settle cases claiming division of property, support allowances and child support for minor children based only on the property list submitted following property statement procedures under Article 48-2. |
| (3) | The scope of public agencies, financial institutions, organizations, etc. to make property inquiry, an inquiry procedure, costs to be paid by the relevant party, matters regarding control of inquiry results, imposition procedures of fines for negligence, etc. shall be determined by the Supreme Court Regulations. |
| (4) | No one shall be allowed to use the result of property inquiry for any purpose, other than for adjudication. |
[This Article Wholly Amended on Mar. 31, 2010]
PART IV FAMILY CONCILIATION
| Article 49 (Acts Applicable Mutatis Mutandis) |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 50 (Principle of Prefixing Conciliation) |
| (1) | A person who intends to institute a litigation or to request an adjudication to the family court for family litigation cases of Categories B and C and family non-litigation cases of Category E, shall first make a request for conciliation. |
| (2) | When a litigation has been instituted or an adjudication has been requested without making a request for conciliation on any case under paragraph (1), the family court shall refer the relevant case to conciliation: Provided, That the same shall not apply if deemed that it is impossible to summon one side or both of the parties unless resorting to a service by public notice, or that it is impossible to constitute a conciliation even if the relevant case is referred to conciliation. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 51 (Jurisdiction) |
| (1) | A family conciliation case shall be subject to the jurisdiction of the family court having jurisdiction over family litigation cases or family non-litigation cases corresponding thereto, or of the family court decided upon by agreement of the parties concerned. |
| (2) | Article 13 (3) through (5) shall apply mutatis mutandis to family conciliation cases. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 52 (Conciliation Organ) |
| (1) | Family conciliation cases shall be dealt with by a conciliation committee composed of one chief mediator and two or more mediators. |
| (2) | A judge in charge of conciliation may, when a proper reason exists, independently render conciliation, unless the parties concerned clearly express their dissenting opinions. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 53 (Designation of Chief Mediator and Mediators) |
| (1) | A chief mediator or a judge in charge of conciliation shall be designated by the chief of a family court or of its branch court from among judges of their competent court. |
| (2) | Mediators constituting the conciliation committee shall be designated by the chief mediator for each and every case from among persons of learning and high moral repute, who have been commissioned, in advance, every year by the chief of a family court or of its branch court, or who have been selected by an agreement of the parties concerned. |
[This Article Wholly Amended on Mar. 31, 2010]
In addition to participating in a conciliation conducted by a conciliation committee, mediators shall state their opinion based on their expertise on other conciliation cases in compliance with an entrustment from a family court, conciliation committee or judge in charge of conciliation, or hear the opinions of persons interested in the relevant case for a settlement of the dispute.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 55 (Request for Conciliation) |
Article 36 (2) through (5) shall apply mutatis mutandis to requests for conciliation. [This Article Wholly Amended on Mar. 31, 2010]
| Article 56 (Preliminary Fact-Finding) |
A chief mediator or judge in charge of conciliation shall, before conducting conciliation, make a family affairs investigator to conduct an investigation into the facts of the case, within a fixed deadline, unless any special circumstance exists.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 57 (Request for Joining Related Cases) |
| (1) | Any claims for family cases of Categories B, C and E which have such connected relations with a claim forming the object of a conciliation prescribed in Article 14, may be joined to file a request for conciliation. |
| (2) | When it is required for settling all together a dispute between the parties concerned, the said parties may file a request for conciliation by joining claims for the civil cases related with the claims which constitute the object of a conciliation, by obtaining permission of the conciliation committee or a judge in charge of conciliation. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 58 (Principles of Conciliation) |
| (1) | The conciliation committee shall, in conducting its conciliation, persuade the parties concerned by taking account of the benefits of all interested persons to be affected by the conciliation in addition to the benefits of the parties concerned, and by devising a scheme capable of achieving a peaceful and final settlement of a dispute. |
| (2) | In mediating the matters directly related with the interests of a minor child, such as the designation and change of a person who is to exercise the parental authority to such minor child and a decision on the method of fostering, the welfare of such minor child shall be considered preferentially. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 59 (Effectuation of Conciliation) |
| (1) | Conciliation shall be effectuated by entering in a protocol the matters agreed upon between the parties concerned. |
| (2) | Any decision substituting a conciliation or a final conciliation shall have the same effect as a judicial reconciliation: Provided, That the same shall not apply to matters not disposable by the parties concerned voluntarily. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 60 (Transfer to Litigation due to Demurrer) |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 61 (Appending of Opinions of Chief Mediator) |
When fictionalized as instituting a litigation under Article 36 of the Judicial Conciliation of Civil Disputes Act over a claim for a family case forming the object of a conciliation, or when again referring to the family court the case which has been referred to a conciliation under Article 50 (2), the chief mediator or a judge in charge of conciliation shall forward a record thereon to the competent family court along with his or her opinion. [This Article Wholly Amended on Mar. 31, 2010]
PART V ENSURING OF PERFORMANCE
| Article 62 (Prior Disposition) |
| (1) | When deemed specially necessary for the settlement of a case where a litigation of a family case exists, or a request for an adjudication or a conciliation, the family court, conciliation committee, or judge in charge of conciliation may, either ex officio or upon request of a party, issue an order to prevent the other party or other interested persons from altering the current status or disposing of the goods, and make dispositions deemed proper, such as disposition for preserving the property related to the case, disposition for custody and fostering of the related person, etc. |
| (2) | In making a disposition under paragraph (1), the sanction under Article 67 (1) shall be notified. |
| (3) | In an urgent case, the presiding judge or chief mediator may independently make a disposition under paragraph (1). |
| (4) | An immediate appeal may be made against a disposition under paragraphs (1) and (3). |
| (5) | No disposition under paragraph (1) shall have any executive force. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 63 (Provisional Attachment and Provisional Disposition) |
| (1) | Notwithstanding Article 62, a family court may make a provisional attachment or provisional disposition by making a family litigation case or a family non-litigation case of Category E to be a case on the merits. In such cases, Articles 276 through 312 of the Civil Execution Act shall apply mutatis mutandis. |
| (2) | Judgment under paragraph (1) may be rendered without having any security furnished. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 63-2 (Order for Direct Payment of Child Support) |
| (1) | Where a person liable to pay child support periodically (hereinafter referred to as "child support obligor") fails to pay the child support not less than two times without any justifiable reasons, the family court may, upon an application by an obligee (hereinafter referred to as "child support obligee") having source of right to execute the bond for periodically payable child support, order a person liable for withholding income tax (hereinafter referred to as "income tax withholding agent"), who bears periodic benefit obligation for a child support obligee, to directly pay the child support to the child support obligee by deducting the child support regularly from the child support obligor’s salary. |
| (2) | An order for direct payment under paragraph (1) (hereinafter referred to as "order for direct payment of child support") shall be valid as are a seizure order and an assignment order under the Civil Execution Act simultaneously issued and the Civil Execution Act concerning a seizure order and an assignment order shall apply mutatis mutandis to payment orders: Provided, That an order for direct payment of child support may be issued for a relevant child support bond whose expiration date has not yet arrived, notwithstanding Article 40 (1) of the Civil Execution Act. |
| (3) | Where any circumstance is acknowledged to exist that the purpose of order for direct payment of child support may not be achieved, a family court may cancel an order for direct payment of child support upon an application of a child support obligee. In such cases, an order for direct payment of child support shall become invalid for the future. |
| (4) | A family court shall deliver orders under paragraphs (1) and (3) to a child support obligor and an income tax withholding agent. |
| (5) | An immediate appeal may be made for a trial concerning applications under paragraphs (1) and (3). |
| (6) | Where any reason for change occurs in the main source of income, such as job change of a child support obligor, the income tax withholding agent shall notify the relevant family court of the fact of change within one week from the date such reason has occurred. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 63-3 (Order for Offer of Security) |
| (1) | A family court may, when it allows a child support to be paid as money payable periodically, order a child support obligor to provide a considerable security to guarantee its implementation. |
| (2) | When a child support obligor fails to perform its liability without justifiable reasons, a family court may order the child support obligor to provide a considerable security upon an application by a child support obligee. |
| (3) | An immediate appeal may be made against a ruling under paragraph (2). |
| (4) | When a child support obligor fails to offer a security within the period for providing the security under paragraphs (1) and (2), a family court may order to pay the child support, in whole or in part, upon an application by a child support obligee. |
| (5) | Article 64 (2) shall apply mutatis mutandis to orders under paragraphs (2) and (4). |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 64 (Order for Implementation) |
| (1) | When a person who is required to implement an obligation falling under any of the following subparagraphs pursuant to the judgement, adjudication, conciliation protocol, decision substituting conciliation or child support order fails to perform the obligation without any justifiable reason, a family court may, upon request of the party concerned, order the person to perform the obligation within a specific period: |
| 1. | Obligation related to property, such as payment of money; |
| 2. | Obligation to hand over an infant; |
| 3. | Obligation to allow visitation to his or her children. |
| (2) | In issuing an order under paragraph (1), a family court shall, unless any special circumstance exists, examine in advance the party concerned, and advise him or her to perform the obligations, and make a notification of the sanction prescribed in Articles 67 (1) and 68. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 65 (Bailment of Money) |
| (1) | A person who is liable for payment of any money pursuant to a judgment, adjudication, conciliation protocol, or decision substituting conciliation, may file a request for bailment of money with a family court for the rightful claimant. |
| (2) | When a family court deems that a request under paragraph (1) is in conformity with the performance of the obligations, the family court shall permit it. No objection shall be made against such permission. |
| (3) | In cases of permission under paragraph (2), when money has been bailed, the liability of the obligor shall be deemed to have been performed within the extent of the bailed amount. |
[This Article Wholly Amended on Mar. 31, 2010]
PART VI PENALTY PROVISIONS
| Article 66 (Sanctions against Non-Attendance) |
When a person summoned by a family court, conciliation committee, or judge in charge of conciliation, fails to attend, without any justifiable reason, a family court, conciliation committee, or judge in charge of conciliation may, by ruling, punish the person by fines for negligence not exceeding 500,000 won, and take the person into custody.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 67 (Sanctions against Non-performance of Liability) |
| (1) | When the party concerned or interested person violates any order under Article 29, 63-2 (1), 63-3 (1) or (2), or 64 or a disposition under Article 62, without any justifiable reasons, a family court, conciliation committee, or judge in charge of conciliation may, by ruling, punish the party or interested person by an administrative fine not exceeding 10 million won, either ex officio, or upon request of the rightful claimant. |
| (2) | When a person who receives an order for inspection under Article 29 violates again, without any justifiable reason, the order even after being subject to sanctions under paragraph (1), a family court may, by ruling, punish the offender by detention until a performance of liability, within the limit of 30 days. |
| (3) | An immediate appeal may be made against a ruling under paragraph (2). |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 67-2 (Sanctions against Violations of Orders to Submission) |
When a third party fails to follow an order for submission under Article 366 (1) of the Civil Procedure Act, applicable mutatis mutandis under Articles 45-3 (3) or 45-6 (3), without just grounds, the family court shall, by ruling, punish the person by an administrative fine not exceeding two million won. An appeal may be filed immediately against such ruling. <Amended on Jul. 30, 2013> [This Article Newly Inserted on Apr. 5, 2013]
[Previous Article 67-2 moved to Article 67-3 <Apr. 5, 2013>]
| Article 67-3 (Sanctions against Refusal, etc. to Submit Property List) |
When a person who receives an order under Article 48-2 (1) refuses to submit a property list or submits a false property list without just grounds, an administrative fine not exceeding 10 million won shall be imposed on the person. [This Article Wholly Amended on Mar. 31, 2010]
[Moved from Article 67-2; Previous Article 67-3 Moved to Article 67-4]
| Article 67-4 (Sanctions against Submission of False Materials) |
When the head of an agency or organization which receives an inquiry pursuant to Article 74 (1) and (3) of the Civil Execution Act, to which Article 48-3 (2) applies mutatis mutandis, submits false materials or refuses to submit materials without just grounds, an administrative fine not exceeding 10 million won shall be imposed on him or her. [This Article Wholly Amended on Mar. 31, 2010]
[Moved from Article 67-3 <Apr. 5, 2013>]
| Article 68 (Sanctions against Special Non-performance of Liability) |
| (1) | When an obligor subject to an order under Article 63-3 (4) or 64 falls under any of the following subparagraphs, a family court may, by ruling, punish the obligor by detention until his or her liability is performed, within the limit of 30 days, upon request of a rightful claimant: |
| 1. | When a person subject to an order to make a periodical payment of money fails to perform his or her liability over three or more terms without any justifiable reason; |
| 2. | When a person subject to an order to hand over an infant fails to perform his or her liability within 30 days, even after being subject to sanctions under Article 67 (1), without any justifiable reason; |
| 3. | When a person subject to an order to make a lump sum payment of a child support fails to perform his or her liability within 30 days without any justifiable reason. |
| (2) | An immediate appeal may be made against a ruling under paragraph (1). |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 69 (Procedures for Administrative Fines Cases) |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 70 (Procedures for Trial on Punishment by Detention) |
The procedures for trials on punishment by detention prescribed in Articles 67 (2) and 68, and other necessary matters, shall be determined by the Supreme Court Regulations. [This Article Wholly Amended on Mar. 31, 2010]
| Article 71 (Crime against Divulgence of Confidential Information) |
| (1) | When a person who is, or was, a mediator divulges, without any justifiable reasons, the process of consultations, opinions of the chief mediator or mediators, and the number of mediators who are in favor of a specific opinion, the person shall be punished by a fine not exceeding 300,000 won. |
| (2) | When a person who is, or was, a mediator divulges without any justifiable reasons, another person’s confidential information which the person became aware of during the performance of his or her duties, he or she shall be punished by imprisonment for not more than two years, or by a fine not exceeding one million won. |
| (3) | Any indictment for a crime under paragraph (2) shall require an accusation. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 72 (Crime against Violation of Prohibition of Reports) |
Any person who violates Article 10 shall be punished by imprisonment without labor for not more than two years, or by a fine not exceeding one million won. [This Article Wholly Amended on Mar. 31, 2010]
| Article 73 (Crime against Use of Results of Property Inquiry for other than Intended Purposes) |
Any person who uses a property list under Article 48-2 and a result of property inquiry under Article 48-3 for any purposes, other than for adjudication, shall be punished by imprisonment for not more than two years, or by a fine not exceeding five million won. [This Article Wholly Amended on Mar. 31, 2010]
ADDENDA <Act No. 4300, Dec. 31, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1991.
Article 2 (Repealed Acts)
The Personal Affairs Litigation Act and the Family Adjudication Act shall be hereby repealed.
Article 3 (Transitional Measures concerning Pending Cases)
Except as otherwise prescribed by this Act or the Supreme Court Regulations, this Act shall also apply to the cases pending in the court at the time this Act enters into force: Provided, That it shall not affect any validity of the procedural act before this Act enters into force.
Article 4 (Retroactive Application)
Except as otherwise prescribed by this Act, this Act shall also apply to matters arisen before this Act enters into force: Provided, That it shall not affect any validity that has become effective pursuant to the previous provisions.
Article 5 (Transitional Measures concerning Jurisdiction)
| (1) | Matters belonging to the authority of the family court in the area wherein no family court or its branch court has been established at the time this Act enters into force, shall be subject to the jurisdiction of the competent district court or its branch court until the family court or its branch court is established. |
| (2) | In cases where there exists no jurisdiction under this Act over the case pending in the court at the time this Act enters into force, if there exists any jurisdiction pursuant to the previous provisions, it shall be subject thereto. |
Article 6 (Transitional Measures concerning Legal Period)
The legal period which has progressed even before this Act enters into force, and the calculation thereof, shall be subject to the previous provisions.
Article 7 (Transitional Measures concerning Penal Provisions)
| (1) | The previous provisions shall govern the application of penal provisions and the fine for negligence to any act committed before this Act enters into force, and before the execution thereof. |
| (2) | The provisions of Article 68 shall not apply to any person subjected to an order for performance pursuant to the previous provisions before this Act enters into force. |
Article 8 (Transitional Measures concerning Case of Succession to Head of Family)
Any litigation over a nullity or restoration of the succession to the head of the family which has commenced prior to the enforcement date of the Act amending the Civil Act (Act No. 4199), shall be subject to the examples of the litigation over a nullity or restoration of the succession to the head of the family pursuant to this Act. Article 9 Omitted.
Article 10 (Relation with other Acts)
In cases where the Personal Affairs Litigation Act and the Family Adjudication Act or the provisions thereof have been cited in other Acts and subordinate statutes at the time this Act enters into force, the corresponding provisions of this Act shall be deemed to have been cited.
ADDENDA <Act No. 4423, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on February 1, 1992.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 4505, Nov. 30, 1992>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1993. |
ADDENDA <Act No. 6626, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 7405, Mar. 24, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8433, May 17, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8715, Dec. 21, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2 (1) (a) (ii) m and n, Article 2 (1) (b) (i) g-3, Articles 30 and 31, and subparagraphs 1 and 4 of Article 44 shall enter into force on January 1, 2008. |
| (2) | (Applicability) This Act shall apply to the cases under proceedings at the court at the time this Act enters into force: Provided, That this Act shall not have influence on the validity that has become effective according to the previous provisions. |
| (3) | (Transitional Measures) The previous provisions shall apply to cases that were under proceedings at the court before March 31, 2005. |
ADDENDA <Act No. 9652, May 8, 2009>
| (1) | (Enforcement Date) This Act shall enter into force six months after its promulgation. |
| (2) | (Non-Retroactivity of Validity) This Act shall not affect validity that has become effective according to the previous provisions. |
| (3) | (Transitional Measures concerning Fine for Negligence) The previous provisions shall apply to the application of fines for negligence for any acts committed before this Act enters into force. |
ADDENDUM <Act No. 10212, Mar. 31, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11725, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2013.
Article 2 (Applicability)
This Act shall also apply to the cases pending in the family court as at the time this Act enters into force: Provided, That this Act does not affect the validity that has become effective in accordance with the former provisions.
Article 3 (Transitional Measures concerning Pending Cases)
The term “declaration as to incompetency” and “declaration as to quasi-incompetency” pending in the family court as at the time this Act enters into force, which have been filed under the former provisions, shall be construed as “adjudication to commence adult guardianship” and “adjudication to commence limited guardianship” filed under this Act.
ADDENDUM <Act No. 11949, Jul. 30, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12773, Oct. 15, 2014>
This Act shall enter into force one year after its promulgation.
ADDENDA <Act No. 13760, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Preparation of Written Request for Adjudication in Family Non-litigation Case)
The amended provisions of Article 36 (3) shall apply beginning with the first case where a written request for adjudication is prepared after this Act enters into force.
ADDENDA <Act No. 14278, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 14961, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 44 (1) 1-2 and Article 44 (2) and (3) shall enter into force six months after the date of its promulgation. Article 2 (Applicability concerning Jurisdiction over Guardianship Cases after Adjudication to Commence Guardianship, etc. Becomes Final)
The amended provisions of Article 44 (1) 1-2 shall also apply to the cases pending in family courts as at the time the same amended provisions enter into force: Provided, That the validity accrued under the former provisions shall not be affected or impaired in any manner.
ADDENDUM <Act No. 17915, Jan. 26, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
Article 4 (Transitional Measures concerning Amendment to Family Litigation Act) Notwithstanding the amended provisions of Article 2 (1) 2 (a) (xiv) of the Family Litigation Act amended pursuant to Article 3 of Addendum, the previous provisions shall apply to cases pending in the court as at the time this Act enters into force, which have been applied for permission for an entrustment to a reformatory or correctional institution by a court before this Act enters into force.