Requirements for a divorced mother to claim a minor's future support for the birth of the minor.

In order for a minor to claim the support allowance for his/her biological father who is not the minor to be supported, there must be a specific source of claim, such as that there is an agreement on the minor's rearing, and even though it is evident that the biological mother simply raises a minor minor baby against his/her will, such as refusing to comply with the demand for delivery by the biological father, and even in future, it cannot be directly claimed the support allowance for his/her biological father who has no ability to support his/her biological father, whether it is in the past or in the future.

Article 837 of the Civil Act

Supreme Court Decision 75Meu17,18 Decided June 22, 1976

Plaintiff

Defendant

Daejeon District Court Decision 84Na69 delivered on June 27, 1984

The part of the judgment of the court below against the defendant is reversed, and that part of the case is remanded to Daejeon District Court Panel Division.

The defendant's grounds of appeal are examined.

In the reasoning of the judgment of the court below, the court below acknowledged, based on macroscopic evidence, that the plaintiff was able to take care of her two married children without the help of the defendant, and that the plaintiff had filed an application for the modification of the complaint of this case with respect to the fact that the person who was the plaintiff filed a claim for his support fees to the defendant up to the age of majority, and that without any specific legal basis or reason, the defendant should immediately pay the amount of the judgment to the plaintiff as the support fee of the non-party.

However, in this case where the biological mother, who is not a minor who has been supported, claims for the future support allowance against the biological father of the minor, there is a specific claim source such as that the biological mother has an agreement on the rearing of the minor in order to claim the support allowance against the biological father. Even though it is clear that the biological mother merely raises the minor baby against the will of refusing the demand for delivery of the biological father, and even in future, it is obvious that such reason does not have self-support ability for the biological mother, and it is not possible to directly claim the support allowance to the biological father of the minor (see Supreme Court Decision 75Meu17,18 delivered on June 22, 1976). The court below issued an order to pay the support allowance to the biological father immediately without examining the claim for the support allowance, which affected the conclusion of the judgment by misapprehending the legal principles on the support allowance or failing to exhaust all necessary deliberation and determination of the above claim for the support allowance, which affected the judgment.

Therefore, the part of the judgment of the court below against the defendant is reversed, and that part of the case is remanded to the Daejeon District Court Panel Division for a new trial and determination. It is so decided as per Disposition by the assent of all participating judges.

Justices Shin Jong-sung (Presiding Justice)