이혼 시 혼인주택 분할의 결정: 서울가정법원 재판사례의 실증분석

초록

The marital home is a major asset of the family and a place where family life and memories are found as the foundation of living. In the divorce process, whether the couple occupies a marital home and continues to use it is an important issue that affects the lives of minor children and custodians after divorce. However, to date, the nature of the marital home in which the divorcee resides and the factors that determine the occupancy for marital home are not fully discussed. Under this background, this study analyzes the determinants of marital home division. And the empirical analysis using precedent data was used to analyze the determinants of marital home division. In this way, the study examined how the protection of minority children and custodians' housing rights in the divorce process is achieved. According to the analysis, who is the owner of marital home or who has displaced from the marital home is an important factor in determining the marital home division. Though it is more necessary for women to occupy marital home than the man because of the high probability of raising the child after divorce, women inevitably displaceded from marital home in order to avoid certain risks such as lack of economic power or bargaining power or violence of men, resulting in considerable disadvantages of marriage compared to man. This analysis reflects gender differences in the acceptance of domestic violence as well as the conservative gender role values of man, as well as institutional factors such as insufficient protection measures against domestic violence.

키워드