According to the Korean Family Litigation Act, which is called 가사소송법, married couples must first try to work things out through talking.
Before you can file for judicial divorce in Korea, you usually need to go through a mandatory step called conciliation.
Let me explain this special process in simple terms!
Conciliation Comes Before Litigation
The Korean Family Litigation Act has something called the "Principle of Prefixing Conciliation."
This fancy legal term simply means "try talking before suing."
For Judicial divorce cases, you must first request conciliation at the family court.
If you try to skip this step and go straight to filing for a judicial divorce, which is called 재판상 이혼 in Korean, the family court will send your case back to the conciliation process.
There are only rare exceptions to this rule, like when it's impossible to contact one or both people, or when the court believes conciliation wouldn't work at all.
Unlike court trials, conciliation meetings are more informal and relaxed. Both spouses have the chance to share their thoughts and find a compromise.
If you try conciliation but can't agree, only then will your case move to a judicial divorce in court.
A Simple Example
To help with understanding, I have created a hypothetical example.
Let's say Min-ji(Pseudonym) and David(Pseudonym) want to divorce after living in Korea as a married couple for 5 years.
They must first file for conciliation at the family court.
During conciliation, they discuss their apartment, savings, and who will care for their daughter.
If they agree on everything, their divorce is finalized right there!
If they disagree, only then does their case proceed to court litigation.
Getting divorced is never easy, but Korea’s legal system provides ways to make the process more respectful and less painful.
If you're living in Korea who might face divorce, always remember the "talk first" rule, which is called 조정 전치주의 in Korean.
Know that the Family Litigation Act requires conciliation before court litigation.
Understand that judicial divorce comes only after trying conciliation.
※ All content posted on this blog is intended to provide general legal information. The application of the law may vary depending on the specific circumstances of each case, so please consult with an attorney for detailed legal advice before making any decisions based on the content of this blog. Please be advised that the operator of this blog assumes no legal responsibility for any issues that may arise from the use of the information obtained here.
