FAMILY LITIGATION ACT

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FAMILY LITIGATION ACT — 법갈피

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;

(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, 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, 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. <Added 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. <Added on Oct. 31, 2017>

[This Article Wholly Amended on Mar. 31, 2010]

[Title Amended on Oct. 31, 2017]

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, 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, 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 be placed under specific guardianship); provided, 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.

(3) Articles 365 and 366 (1) and (3) of the Civil Procedure Act shall apply mutatis mutandis to verification necessary for examinations conducted under paragraph (2).

[This Article Added on Apr. 5, 2013]

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, 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]

FAMILY LITIGATION ACT

Article 1(Purpose) #

Article 2(Matters under jurisdiction of family court) #

Article 3(Designation of jurisdiction between district court and family court) #

Article 4(Exclusion, challenge, and evasion) #

Article 5(Fees) #

Article 6(Official in charge of family fact-finding affairs) #

Article 7(Principle of appearance in person) #

Article 8(Entrustment of fact-finding) #

Article 9(Entrustment of recording in family relationship register) #

Article 10(Prohibition of report) #

Article 10-2(Inspection of records) #

Article 11(Delegated provisions) #

Article 12(Applicable Acts) #

Article 13(Jurisdiction) #

Article 14(Joining of related cases) #

Article 15(Addition and correction of parties) #

Article 16(Succession to proceedings) #

Article 17(Ex officio investigation) #

Article 18(Special case concerning bearing of litigation costs) #

Article 19(Appeal) #

Article 20(Final appeal) #

Article 21(Special cases concerning subjective scope of res judicata) #

Article 22(Jurisdiction) #

Article 23(Persons entitled to institute litigation over nullity of marriage and divorce) #

Article 24(Other party to litigations over nullity or revocation of marriage and divorce) #

Article 25(Advice to consult on designation of persons exercising parental authority) #

Article 26(Jurisdiction) #

Article 27(Parties to litigation over determination of paternity) #

Article 28(Provisions applicable mutatis mutandis) #

Article 29(Order to undergo inspection of blood type) #

Article 30(Jurisdiction) #

Article 31(Provisions applicable mutatis mutandis) #

Article 32 #

Article 33 #

Article 34(Acts applicable mutatis mutandis) #

Article 35(Jurisdiction) #

Article 36(Mode of request) #

Article 37(Intervention by interested persons) #

Article 37-2(Intervention in procedure) #

Article 38(Examination of evidence) #

Article 39(Mode of judgment) #

Article 40(Time of taking effect for adjudication) #

Article 41(Executive force of adjudication) #

Article 42(Provisional execution) #

Article 43(Dissatisfaction) #

Article 44(Jurisdiction) #

Article 45(Method of trial) #

Article 45-2(Appraisal of mental state) #

Article 45-3(Hearing statement in adjudications concerning adult guardianship, limited guardianship or specific guardianship) #

Article 45-4(Supervision of guardianship affairs) #

Article 45-5(Hearings results of diagnosis) #

Article 45-6(Listening statement in adjudications concerning guardianship at will) #

Article 45-7(Investigation of status of supervisory affairs of guardianship at will) #

Article 45-8(Hearing statements at adjudication for denial of paternality or recognition) #

Article 45-9(Procedure for permission for adoption) #

Article 46(Jurisdiction) #

Article 47(Provisions applicable mutatis mutandis to joint litigation) #

Article 48(Method of examination) #

Article 48-2(Property statement) #

Article 48-3(Property inquiry) #

Article 49(Acts applicable mutatis mutandis) #

Article 50(Principle of prefixing conciliation) #

Article 51(Jurisdiction) #

Article 52(Conciliation organ) #

Article 53(Designation of chief mediator and mediators) #

Article 54(Mediators) #

Article 55(Request for conciliation) #

Article 56(Preliminary fact-finding) #

Article 57(Request for joining related cases) #

Article 58(Principles of conciliation) #

Article 59(Effectuation of conciliation) #

Article 60(Transfer to litigation due to demurrer) #

Article 61(Appending of opinions of chief mediator) #

Article 62(Prior disposition) #

Article 63(Provisional attachment and provisional disposition) #

Article 63-2(Order for direct payment of child support) #

Article 63-3(Order for offer of security) #

Article 64(Order for implementation) #

Article 65(Bailment of money) #