At the time of the enforcement of the Civil Code, the adopted child is not recognized as the father of the child, so even if the father of the child was reported as the father of the child during that period, the adoption cannot be effective.

At the time of the enforcement of the Civil Code, the adopted child is not recognized as the father of the child, so even if the father of the child was reported as the father of the child during that period, the adoption cannot be effective.

Article 87(2) of the Civil Act

[Plaintiff-Appellee] Defendant 1 and 1 other (Law Firm Domin, Attorneys Park Jae-young and 1 other, Counsel for plaintiff-appellee)

Plaintiff

Defendant 1 and two others

Seoul High Court Decision 68Na1474 delivered on July 1, 1969, Seoul High Court Decision 68Na1474 delivered on July 1, 1969

The appeal is dismissed.

The costs of appeal shall be borne by the defendants.

The defendants' attorney's grounds of appeal are examined.

According to the precedent of the party members, the provisions on the adoption of the Lee Jong-soo or Seo-su under Articles 11 and 1.2 of the Civil Decree at a certain time are naturally extinguished at the same time with a certain time on the grounds that the conventional rules on the adoption of the deceased child should be respected, and in Korea, the deceased child was not recognized during the period of implementation of the Civil Code from April 1, 1915 to December 31, 1959 (see, e.g., Supreme Court Decisions 47Da1940, Jan. 31, 1968). Since the adoption of the deceased child at a certain time, it cannot be seen that the adoption of the deceased child could not be established at the time of the adoption of the deceased child and the father of the deceased child born at the time of the adoption of the deceased child at the time of the adoption of the deceased child, the plaintiff's birth and the father of the deceased child born at the time of the adoption of the deceased child could not be seen as a new one-born child.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon