Paternity Denial Suit by a Foreign-National Family: Korean Court Hears the Case and Grants the Claim

Who this helps

This may help people curious about how a Korean court handled a paternity denial suit when everyone involved is a foreign national. It covers a case where the child lived in Busan and the defendant's whereabouts were unknown.

Case overview

Court

Busan Family Court

Posted on original board

Oct 12, 2011 (Wed)

Topic

Marriage & Family

Original title (Korean)

외국국적의 피고와 사건본인을 상대로 친생부인의 소의 재판관할권 및 준거법

A paternity denial suit was filed on the ground that a child born during the marriage was not the husband's biological child. The plaintiff, the defendant and the child were all nationals of the People's Republic of China, and the defendant's current whereabouts were unknown. The plaintiff and the child lived in Busan.

Can a Korean court hear a paternity denial suit when everyone involved is a foreign national?

A child was born during a marriage, and a suit was filed saying the child was not the husband's biological child. The plaintiff, the defendant and the child all held People's Republic of China nationality. The defendant's current whereabouts were unknown, while the plaintiff and the child lived in Busan. The court looked at whether Korea had jurisdiction and which country's law applied.

How the court ruled

Because the child's address was in Busan, the court found that the Busan Family Court had venue and that Korea had international jurisdiction to hear the case. It found that the marriage law of the People's Republic of China has no provision on paternity denial, and that the paternity denial provisions of the Korean Civil Act are mandatory rules that apply regardless of which country's law governs. Based on DNA test results and other evidence, the court determined that the child was clearly not the defendant's biological child, and granted the plaintiff's claim.

What to check in a similar situation

Information on how jurisdiction is decided and how family relationship records are handled can be checked with the family court and the local immigration or foreigner office.

• Marriage migrant (F-6) documents
• Divorce guide
• Changing your status of stay
• Contacts: Immigration Contact Center 1345

Terms explained

Paternity denial suit

A lawsuit asking the court to confirm that a child born during a marriage is not the husband's biological child.

Jurisdiction

The power of a particular court, or of a country's courts, to hear a given case.

Mandatory provision

A legal rule that applies no matter which country's law would otherwise govern the case.

More rulings on this topic

• Stay extension denial unlawful: Korean spouse mainly caused marriage breakdown · Seoul Administrative Court
• Ruling that a refusal to issue a marriage immigration visa was not unlawful · Seoul Administrative Court
• Ruling Upholds Refusal to Issue a Marriage Migration Visa · Seoul Administrative Court

See all 15 rulings on Marriage & Family →

Frequently asked questions

Who brought this lawsuit?

The plaintiff filed a paternity denial suit, saying the child born during the marriage was not the husband's biological child. The defendant and the child were named in the case.

How did the court decide?

The court held that Korea had jurisdiction because the child lived in Busan. It treated the Korean Civil Code rules on paternity denial as mandatory, and granted the claim after finding, based on genetic testing and other evidence, that the child was clearly not the defendant's biological child.

Does this result apply to every similar case?

No. It is the court's decision in this one case and does not automatically apply to other cases.