Claimant (Law Firm Changwon, Attorneys Yellow-hun et al., Counsel for the plaintiff-appellant)

Principal of the case

The appeal of this case is dismissed.

Adjudication on the declaration of disappearance for the principal of the case (the absentee)

Around 18:00 on March 14, 2008, the claimant claimed to the effect that the principal of the case was on board the ship to ○○○○ (1.26 tons, 115 E) which is an engine-driven water leisure craft (1.26 tons, and 115 E) with the applicant and did not have been injured after obtaining a locking equipment on the sea at approximately 100 meters prior to the insurance company in the above trial at around 22:00 on the same day, the claimant sought adjudication of disappearance by special disappearance of the principal of the case, and one year has passed without discovering the principal of the case.

In general, where the life or death of an absentee is unknown for five years, a petition may be filed with a court for a declaration of disappearance. However, in exceptional cases, the life or death of an absentee may be filed with a court for a declaration of disappearance (special disappearance) even in cases where it is not clear for one year after the termination of war or the sinking of a ship, the fall of an aircraft, or any other peril that may cause death is terminated (Article 27 of the Civil Act). In this context, the term “any other peril that may cause death” in this context means cases where it is presumed that the death of a person who was in peril to the extent that it would be caused by an earthquake, fire, flood, landslide, snow, storm, volcanic wave, volcanic wave, explosion, explosion, etc., merely means cases such as earthquake, flood, flood, etc., and where it is difficult to deem that the death of a person who was in peril would be caused by death during operation at sea during operation at sea.

Therefore, in the case of the principal of this case, the requirements for the adjudication of disappearance by special disappearance are not satisfied. Furthermore, since five years have not passed since the death or death of the principal of this case was unknown and the requirements for the adjudication of disappearance by general disappearance are not satisfied, the request for adjudication of disappearance of this case is dismissed.

Judge Lee Jin-hun