KWDI Korean Women’s Development Institute

Three years have passed since the system for a divorce by agreement was revised and implemented. This paper is designed to check the operation of the scheme for a divorce by agreement, assess the system, and identify measures to improve the structure. It is organized as follows: Chapter 1 briefly describes the purpose of & needs for this research, as well as research contents and methodologies, in order to provide the direction of this research. Chapter 2 looks into the historical transition process of a divorce by agreement and the procedures for the divorce pursuant to the current civil law in order to help understand the divorce system more comprehensively Chapter 3 deals with overseas legislation cases regarding the consideration period, counseling, and adjustment, a key pillar for improving the system for a divorce by agreement, and studies implications in structure and operation, considering the differences between foreign and domestic schemes. Chapter 4 checks the operation of the divorce system through a diversity of methodologies. First, by analyzing official statistics regarding divorce from Statistics Korea and courtroom statistical data, situations before and after the consideration period system was introduced were indirectly compared. In addition, the survey regarding the operation of the scheme for a divorce by agreement and the degree of satisfaction was conducted, based on the following five categories such as court employees, judges, counselors in the court, divorce applicants with underage children, and divorce applicants without underage children. Through this research, we looked into facilities and HR for the operation of the system for a divorce by agreement, the use of the consideration period, the implementation of parents education, the operation of counseling recommendation system, counseling support, the use of counseling, discussions on child-rearing, and the use of correction orders. Through a joint study with the Seoul Family Court, letters of agreement concerning child-rearing, in relation to the cases of the year 2010 where the intention of divorce was confirmed, were additionally analyzed in order to modify the aforementioned survey. Based on the survey regarding the operation of the scheme for a divorce by agreement and the degree of satisfaction, Chapter 5 compared and analyzed differences in the assessment of operation and effects between court officials and divorce applicants. The court officials were further classified into judges, court employees, and counselors while divorce applicants were segmented into those with or without minor children. Their opinions regarding system enhancement were also analyzed. For the assessment of the effects in counseling where statistically significant results were not produced due to lack of survey respondents, 2010 counseling reports were used and analyzed. Chapter 6 was designed to identify plans to improve the divorce system and propose policy issues, by checking the status of a divorce by agreement and evaluating system management and effects. Based on the survey results, the system for a divorce by agreement can be enhanced as follows: First, in terms of divorce-handling staff and facility expansion, the business managed by judges should be improved, securing a larger number of family affairs investigators who can be involved in the procedures for a divorce by agreement, and setting up facilities for the efficient use of the system. To this end, budget support is required. Second, in order to activate the consideration period system, a necessary scheme should be established for the efficient use of the system. Furthermore, the consideration period reduction system should be flexibly operated. Third, in relation to counseling support and parents education, the types of counseling support should be diversified, expanding counseling resources in material/HR, reinforcing the PR of the counseling system, and actively implementing parents education. Fourth, for improving agreements for child-rearing, necessary forms should be revised and prepared, presenting model forms. For the case where child-rearing costs are not determined, a welfare connection system should be established. Fifth, in order to strengthen the role of the court as a supporter and actively use correction orders, necessary documents must be submitted, preparing an education program for improving the awareness of law enforcers. Sixth, the divorce confirmation business should be strengthened not as family relationship registration affairs but as non-contentious family affairs.