The degree of personal injury is not that of the victim's death, and the victim's blood relative's claim for consolation money

In a case where a person’s tort suffered mental distress, the injured person’s parents, married couple, and children’s consciousness can claim compensation for the mental damage even if they were not capable of withstanding the death of the injured person. Article 752 of the Civil Code provides for the responsibility for raising the burden of proof of damage, and Article 750 of the Civil Code does not mean that any restriction has been imposed on the application of this article.

Article 750 of the Civil Act, Article 751 of the Civil Act, Article 752 of the Civil Act

Supreme Court Decision 63Da558 delivered on October 31, 1963

Plaintiff 1 and three others

Countries

Seoul High Court Decision 65Na2712 delivered on July 8, 1966, Decision 65Na2712 delivered on July 8, 1966

The part of the original judgment against the plaintiff Lee E-ok, Park Jong-ok, Park Jong-soo, and Lee e-mail shall be reversed, and the case shall be remanded to the Seoul High Court.

The defendant's appeal against the plaintiff Park Jong-dae is dismissed.

The costs of litigation incurred by the defendant's appeal shall be borne by the defendant.

Plaintiff 1, 2, 3, and 4’s grounds of appeal:

According to the facts established by the judgment of the court of first instance and the judgment, the plaintiff 5, a driver of the first instance, caused by negligence in performing his duties to the plaintiff 5's wife and the plaintiff 3 and 2's female 5's female 5's female 5's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's female son's family son's family son's family son's family son's family son's family son's family son.

However, according to the provisions of Articles 750 and 751 of the Civil Act, a person who illegally infringed another person's rights and thereby inflicted mental distress shall be liable to compensate for damages other than property, and Article 752 of the Civil Act shall be equally applied to the case where there is a violation of the mental benefits due to parents' or relatives' own consciousness, etc. In such a case, compensation shall be reasonable if it is within the scope of reasonable relation with the person who is liable to compensate for the damages. If the victim, who is the victim, suffered bodily harm due to the tort as determined by the original judgment, such as the victim's wife, 50, Article 751, and Article 751, of the Civil Act shall be sufficient. Thus, unless there are special circumstances, the victim's wife, 50, and the mother's above plaintiffs' mental interests due to relatives with the plaintiff 5 shall be deemed to be unlawful, and the defendant shall be liable to compensate for the mental distress damage, and Article 752 of the Civil Act shall not apply the above provision of Article 750, Article 1365 of the Civil Act to the Civil Act.

The Defendant did not state the grounds of appeal in the petition of appeal against the Plaintiff Park Jong-dae, and did not state the grounds of appeal within the statutory period, and did not submit the appellate brief within the statutory period.

Therefore, according to Articles 406 and 399 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

The judges of the Supreme Court, the two judges (Presiding Judge) of the two judges of the Supreme Court and the vice versa.