Supreme Court Decision 2021Meu12320, 12337 Decided September 30, 2021 【Divorce; Divorce and Appointment of a Custodial Parent】

【Main Issues and Holdings】
[1] Matters to be considered by the court when deciding a custodial parent of a minor
child according to Article 837(4) of the Civil Act
In a case where one of the parents has been raising a minor child in a peaceful
manner for a considerable period since separation and in the process leading up to
divorce by trial, the requirements that justify the change in the status quo and the
appointment of the other parent as a person with parental authority over and custody
of the child, and the matters to be considered by the court in such a case
[2] In a case where a foreigner, after marrying to a national of the Republic of Korea,
immigrated to South Korea, and resided therein until he or she reached to divorce
while still being not proficient in the Korean language, whether it is viable to conclude
that the said foreigner is unqualified as a custodial parent of the minor child on the
grounds of having no knowledge of the Korean language (negative)
[3] Matters that the court needs to take care of when deliberating on and making
decisions regarding the divorce and appointment of a person with parental authority
over and custody of the child