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When a couple of Canadian citizenships decided to divorce due to disagreement while living in Korea, the Supreme Court judged that it was possible to file a divorce suit in the Korean court. Considering the fact that the couple is struggling over the division of property such as domestic real estate, it is intended that the jurisdiction of the Korean court is recognized.
The 3rd Division of the Supreme Court (Presiding Judge Kim Jae-hyung) announced on the 25th that it has confirmed a court case that has ruled in some cases of the plaintiff in a lawsuit for divorce and property division filed by Mr. A against his wife B.
Mrs. A and B, who had nationality and address in Canada, married in July 2013 and then entered Korea and stayed in Korea for about a year and a half. However, a legal dispute began when her husband A filed a lawsuit against B in March 2015 for divorce and property division in the Seoul Family Court.
The issue of the lawsuit was whether or not the Korean court recognized jurisdiction in relation to the divorce lawsuit between A and B, Canadian nationals. Article 2, Paragraph 1 of Private International Law provides for the jurisdiction of international jurisdiction in cases where a party or a disputed matter is substantially related to the Republic of Korea.
The court below accepted Mr. A’s claim for divorce by applying the Canadian divorce law in accordance with the private international law stipulation that’in case of divorce proceedings, the law of the person’s nationality shall be followed. In addition, the couple’s property was ordered to be divided into 80% of A and 20% of B. The property subject to division included a domestic apartment under Mr. B’s name.
However, his wife B argued, “For the proper application of Canadian law, a local trial is necessary. This case must be judged by a Canadian court, and the Korean court has no jurisdiction.” The court appealed that the result of the division of property was unfair.
The Supreme Court did not accept Mr. B’s claim. Since these couples’ cases are’substantially related’ to Korea, it is believed that international jurisdiction is recognized. It was considered that Mr. A and Mrs. A have stayed in Korea for a considerable period of time after marriage, and that they are fiercely fighting over the division of domestic property such as the apartment of Mr. B. In addition, B’s active response to the divorce lawsuit, such as appointing a litigation representative and arguing, became the basis.
This case is the first case in which’international jurisdiction’ has been recognized for domestic affairs such as divorce litigation. The provision was newly established in private international law in 2001, but until now, it has been applied only to cases related to property law, such as lawsuits for damages.
An official of the Supreme Court explained, “This ruling will serve as a guide for the lower court to determine whether or not to admit international jurisdiction in relation to the divorce of a foreign couple.”
Reporter Dayoung Kim [email protected] 
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