[손해배상,위자료][집10(2)민,226]
The duty to report damage to a lineal ascendant of a victim whose name has not been entered in the family register.
The relationship of kinship between a victim and a lineal ascendant as stipulated in Article 752 of the Civil Code includes not only the relationship of kinship but also the case of de facto kinship.
Article 752 of the Civil Act
Questioners
Jeonbuk Passenger Transport Corporation
Jeonju area in the first instance, Gwangju High Court Decision 61Na662 delivered on December 6, 1961
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal by the defendant's representative shall be examined. The person who damages the life of another person in the Civil Act Article 752 provides that he shall be liable to compensate for damage other than property damage to the lineal ascendants of the victim. Here, it is reasonable to interpret that the relationship of kinship between the victim and his lineal ascendants does not necessarily necessarily refer only to the relationship of kinship on the family register, but also includes cases of de facto kinship such as that on the family register (where the family register is not entered in the family register), it is reasonable to interpret that the judgment of the court below is an attack against
Therefore, this appeal is dismissed by applying Article 400 of the Civil Procedure Act prior to the amendment, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.
The judges of the Supreme Court (Presiding Judge) Cho Jin-man (Presiding Judge) and Lee Jong-man (Presiding Justice)