A Study on the Possibility of Introducing a Breakdown Divorce System

The purpose of this study is to present reasonable legislative measures such asacknowledging divorce claims for spouses with fault and establishing new separation clauseswhen introducing the Breakdownism divorce system. Korea's divorce law has been based onliabilityism as a major principle for the purpose of preventing a husband from unilaterallykicking out his wife and protecting the socially disadvantaged. However, advanced countrieshave already widely adopted liabilityism and other Breakdownism in divorce, and the reviewof the introduction of Breakdownism began in earnest as the awareness that continuingmarriage due to the improvement of the social status of Korean women and the right topursue happiness recognized in Article 10 of the Constitution has improved. Some are criticalof Breakdownism, which is a social issue, that there is a problem with promoting familybreakdown and not holding the spouse responsible for the marriage breakdown. However, onAugust 19, 2021, the Supreme Court actually took the position of Breakdownism as acceptingthe divorce request from the spouse responsible. Therefore, this study reviewed the contentsof the Breakdownism divorce system and each country's Breakdownism divorce laws, andderived and presented legislative bills that are reasonable and protect the rights and interestsof the parties because introducing Breakdownism without any countermeasures has a greatimpact on our society.