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The Development of Property Division at Divorce and its Improvement Direction

  • DONG-A LAW REVIEW
  • 2015, (68), pp.281-299
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee Hye Jin 1

1동아대학교

Accredited

ABSTRACT

The property division at divorce was introduced by the revision of family law in 1990. Before its introduction, the property clearance and support at divorce was accomplished by paying consolation money, but because its legal characteristic carries a damage, a spouse responsible for breaking marriage could not be compensated sufficiently for her or his contribution to making wealth during marriage. As even an irresponsible spouse could not be given as much money as through property division, there was no guarantee of the liberty of divorce. The newly-prescribed only one article in 1990 gave a judge a broad discretion in deciding assets and ratio of property division. Because the provision about property division only tells that the properties made by both sides’ cooperation can be divided, a retirement allowance or pension not given at a close of argument and debts exceeding positive assets have been excluded in division more than 20 years, but the Supreme Court en banc has changed recently its prior decision and decided that they are also objects of division. In deciding ratio of division, courts had a tendency to undervalue the housewives’ doing housework in the intial stages of introduction, but recently more decisions came out that housewife’s ratio of division exceeded 50%. Nevertheless the division ratio decided by a judge varies due to the lack of clear rule. So it needs making a rule prescribing clearly that an equal property division is a ground rule, but that judges can change the ratio from case to case. And pre-division measures for searching the other party’s assets out easily will be needed.

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