1990 년 개정가족법 이후의 판례에 나타난 이혼효과 - 자녀양육권과 재산권을 중심으로 - = A Study on the Effects of Divorce from Precedents since 1990 - Focused on the Child custody and the Property division -

다국어 초록 (Multilingual Abstract)

The purpose of this study was to analyse the effects of divorce from precedents set since Family Law has been revised in 1990. The contents of analysis were focused on the child custody and the property division. The materials for analysing was the 72 divorce precedents from the 「Law Country LX 7.0」 CD, data of court library of the supreme court and lower court since 1991. The findings were as follows: First, the proportion of fathers and mothers who had the child rearing or parental authority were nearly the same, that is, 10 fathers had it, and 11 mothers had it. And, only one father was given visitation rights, and three mothers had it. Second, the relation between claim of alimony and reason of divorce had no reciprocal action. The theory about the claim of alimony and the claim of property division in precedents was closer to `limitative theory` than `inclusive theory`. The Theory about the claim of property division was `clearing up theory` than `supporting theory`. Regardless of nominal ownership, the property to divide was substantial one. The wife`s contribution was valued variously from a tenth to one half in making a property.