Domestic relations issues include judicial divorce, nullity of marriage, affirmation of existence or nonexistence of family relationship, claim for damages caused by divorce, refusal of inheritance, division of property between divorced couple, child custody and support, and division of inherited property. The court resolves domestic relations disputes through judgment, ruling, and conciliation. In general, some family litigation cases such as judicial divorce or claim for damages caused by divorce as well as some family non-litigation cases such as child custody and support or division of inherited property are subject to conciliation proceedings. The court before which a lawsuit is brought, attended by the judge in charge of conciliation, or the conciliation committee chaired by a judge composed of two or more laypersons holds conciliation proceedings.
Each year the chief judge of a family court, a branch court or a family branch court selects the members of the conciliation committee from among lawyers, doctors, social workers, psychologists, or others of appropriate knowledge and distinguished reputation. In general, conciliation proceedings require the presence of each party and are closed to the public. Conciliation is effectuated by entering in the protocol the matters agreed on between the parties, and has the same effect as judicial reconciliation. The presiding judge of the court or chairperson of the conciliation committee should direct the investigative officer to investigate factual matters, the result of which can be a basis for trial or conciliation proceedings. Furthermore, in cases such as judicial divorce, nullity of marriage, etc., the court should conduct ex officio fact-finding when it is deemed necessary. The court may order the person concerned not to alter the existing circumstances or not to dispose of evidence, or make other prior dispositions as deemed appropriate. If a person who ought to perform his/her obligation to pay money or to deliver an infant pursuant to the judgment fails to fulfill his/her obligation, the court may order him/her to fulfill such obligation within a specified period.
| Year | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 |
|---|---|---|---|---|---|---|
| First trial | 52,389 | 50,689 | 45,449 | 42,855 | 46,584 | 51,148 |
| Intermediate appeal | 1,518 | 1,422 | 1,436 | 1,345 | 1,373 | 1,532 |
| Fianl appeal | 242 | 291 | 259 | 264 | 289 | 285 |
In juvenile offense cases, the judge may make protective disposition such as adjustment of surroundings or correction of conduct against a juvenile under the age of 20 who has committed a crime.
In case a juvenile whose age ranges from 12 to 19 commits a crime or is delinquent, the chief of the police station, the public prosecutor, or the court may forward the case to the juvenile division of the competent Family Court or District Court. The judge of the juvenile division directs the investigative officer to investigate the crime, the surroundings of the juvenile, etc. and decides the case based on the report of the investigative officer. The judge may make protective disposition against the juvenile. Under protective disposition, the juvenile may be left to the care of a guardian, be placed under the supervision of a probation officer, or be sent to a juvenile protection institution, a hospital, or a juvenile reformatory. A community service order or an order to attend a lecture may be issued concurrently with such disposition. However, all juvenile records are to be sealed and may not be used to affect the juvenile’s future status.
| Year | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 |
|---|---|---|---|---|---|---|
| Cases | 26,811 | 24,222 | 22,810 | 24,353 | 25,946 | 37,910 |
In case of violence between members of the same household such as spouses or lineal relatives which result in physical or mental injury, or property damage, the public prosecutor or the court may forward the case to the competent Family Court or District Court.
The judge of such court may make a protective disposition which is aimed at restoring the peace and stability disturbed by the violence as well as improving the constitution of a household. If it is deemed necessary for protection of the victim or for proper investigation, the judge may take the following provisional measures: order the offender to leave the dwelling and stay apart from the victim or other family members or order the offender not to enter within a 100 meter radius from the victim’s dwelling, etc. In general, the judge directs the investigative officer to investigate the case and decides the case based on the report of the investigative officer. The judge may make one or more protective dispositions against the offender, such as restriction on approach to the victim, a community service order, an order to attend a lecture, probation, and confinement of the offender to an institution for the purpose of preventive custody, rehabilitation, or consultation.
| Year | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 |
|---|---|---|---|---|---|---|
| Cases | 5,051 | 5,944 | 5,387 | 4,553 | 4,221 | 4,747 |
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