Divorce In South Korea

Korean divorce law still adheres to fault-based divorce. According to a majority of the Supreme Court, the main reason for not admitting a no-fault policy is that the preconditions for systems for financially protecting the spouse and children after divorce have not yet been satisfied in Korea. However, there is not much time left, so we must use this golden time for preparing protective measures for divorced women and their children, through legislative efforts.

It may sound logical that individualistic attitudes boost divorce. This book argues otherwise. Conservative norms of specialized gender roles serve as the root cause of marital dissolution. Those expectations that prescribe what men should do and what women should do help break down marital relationships. Data from South Korea suggest that lingering norms of gendered roles can threaten married persons’ self-identity and hence their marriages during the period of rapid structural changes. The existing literature predicting divorce does not conceptually distinguish between the process of relationship breakdown and the act of ending a marriage, implicitly but heavily focusing on the latter while obscuring the former. In contemporary societies, however, the social and economic cost of divorce is sufficiently low—that is, stigma against divorce is minimal and economic survival after divorce is a nonissue—and leaving a marriage is no longer dictated by one’s being liberal or conservative or any particular characteristics. Thus, the right question to ask is not who leaves a marriage but why a marriage goes sour to begin with. In Korea, a majority of divorces occur through mutual consent of the two spouses without any court procedure, but when one spouse files for divorce, the fault-based divorce litigation rules require the court to lay out the entire chronicle of relevant events occurring up to the legal action, often with the help of court investigators. As such, court rulings provide glimpses into the entire marital dynamics, including verbatim exchanges between the spouses. Lee argues that the typical process of relationship breakdown is related to married persons’ daily practices of verifying their gendered role identity.

Korean families have changed significantly during the last few decades in their composition, structure, attitudes, and function. Delayed and forgone marriage, fertility decline, and rising divorce rates are just a few examples of changes that Korean families have experienced at a rapid pace, more dramatic than in many other contemporary societies. Moreover, the increase of marriages between Korean men and foreign women has further diversified Korean families. Yet traditional norms and attitudes toward gender and family continue to shape Korean men and women’s family behaviors. Korean Families Yesterday and Today portrays diverse aspects of the contemporary Korean families and, by explicitly or implicitly situating contemporary families within a comparative historical perspective, reveal how the past of Korean families evolved into their current shapes. While the study of families can be approached in many different angles, our lens focuses on families with children or young adults who are about to forge family through marriage and other means. This focus reflects that delayed marriage and declined fertility are two sweeping demographic trends in Korea, affecting family formation. Moreover, “intensive” parenting has characterized Korean young parents and therefore, examining change and persistence in parenting provides important clues for family change in Korea. This volume should be of interest not only to readers who are interested in Korea but also to those who want to understand broad family changes in East Asia in comparative perspective.

While the formal definition of divorce may be concise and straightforward (legal termination of a marital union, dissolving bonds of matrimony between parties), the effects are anything but, particularly when children are involved. The Americans for Divorce Reform estimates that "40 or possibly even 50 percent of marriages will end in divorce if current trends continue." Outside the U.S., divorce rates have markedly increased across developed countries. Divorce and its effects are a significant social factor in our culture and others. It might be said that a whole "divorce industry" has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII's divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland legalized divorce only in the latter quarter of the 20th century. This multi-disciplinary encyclopedia covers curricular subjects related to divorce as examined by disciplines ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion, all through a lens of cultural sociology. Features: 550 signed entries, A-to-Z, fill 3 volumes (1,500 pages) in print and electronic formats, offering the most detailed reference work available on issues related to divorce, both in the U.S. and globally. Cross-References and Further Readings guide readers to additional resources. A Chronology provides students with context via a historical perspective of divorce. In the electronic version, the comprehensive Index combines with Cross-References and thematic Reader's Guide themes to provide convenient search-and-browse capabilities. For state and nation entries, uniform entry structure combined with an abundance of statistics facilitates comparison between and across states and nations. Appendices provide further annotated sources of data and statistics.

At publication date, a free ebook version of this title will be available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. Rules of the House offers a dynamic revisionist account of the Japanese colonial rule of Korea (1910–1945) by examining the roles of women in the civil courts. Challenging the dominant view that women were victimized by the Japanese family laws and its patriarchal biases, Sungyun Lim argues that Korean women had to struggle equally against Korean patriarchal interests. Moreover, women were not passive victims; instead, they proactively struggled to expand their rights by participating in the Japanese colonial legal system. In turn, the Japanese doctrine of promoting progressive legal rights would prove advantageous to them. Following female plaintiffs and their civil disputes from the precolonial Choson dynasty through colonial times and into postcolonial reforms, this book presents a new and groundbreaking story about Korean women’s legal struggles, revealing their surprising collaborative relationship with the colonial state.

Paek Nam-nyong’s Friend is a tale of marital intrigue, abuse, and divorce in North Korea. A woman in her thirties comes to a courthouse petitioning for a divorce. As the judge who hears her statement begins to investigate the case, the story unfolds into a broader consideration of love and marriage. The novel delves into its protagonists’ past, describing how the couple first fell in love and then how their marriage deteriorated over the years. It chronicles the toll their acrimony takes on their son and their careers alongside the story of the judge’s own marital troubles. A best-seller in North Korea, where Paek continues to live and write, Friend illuminates a side of life in the DPRK that Western readers have never before encountered. Far from being a propagandistic screed in praise of the Great Leader, Friend describes the lives of people who struggle with everyday problems such as marital woes and workplace conflicts. Instead of socialist-realist stock figures, Paek depicts complex characters who wrestle with universal questions of individual identity, the split between public and private selves, the unpredictability of existence, and the never-ending labor of maintaining a relationship. This groundbreaking translation of one of North Korea’s most popular writers offers English-language readers a page-turner full of psychological tension as well as a revealing portrait of a society that is typically seen as closed to the outside world.

This book examines school violence in South Korea from an international comparative perspective. It analyses nationally representative samples and provides extensive literature reviews based on academic journals, various social and educational magazines and major media articles on school violence in South Korea. This book includes major data sets for the analysis such as Trends in International Mathematics and Science Study and Nation Youth Policy Institute. These data show frequency, patterns and associated factors of school violence in South Korea and comparison of those in Japan and the United States.

Redefining Multicultural Families in South Korea: Reflections and Future Directions aims to reinvigorate contemporary discussions about Korean families that include immigrants by expanding the scope of what we consider to be multicultural families to include the families of undocumented migrant workers, divorced marriage immigrants, the families of Korean women with immigrant husbands, and by providing a nuanced look at their lives in Korea, not as newcomers but as first-generation immigrants.