2013D 66624 Affiliation, etc.

1. A;

Since it is a minor, the legal representative parent D

2. B

Since it is a minor, guardian D

A person shall be appointed.

May 16, 2014

July 11, 2014

1. The defendant is recognized as the natural father of the plaintiff B.

2. The plaintiff A shall be designated as a person with parental authority and a custodian of the plaintiff B.

3. The costs of the lawsuit shall be borne by the defendant.

The order is as set forth in the text.

1. Facts of recognition;

A. The Defendant completed the marriage report on December 13, 1993, and completed the marriage report on October 18, 1999, and completed the marriage report on May 14, 2007, F and the Seoul Family Court on March 25, 2013, and established G as a person for whom divorce mediation was established at the Seoul Family Court on March 25, 2013, and between E and E, with the remainder of 1998.

B. However, on August 201, 201, the Defendant, who was married with F, accessed the Plaintiff to have an artist in his/her place of residence, and abused the Plaintiff on several occasions by rapeing the Plaintiff in the apartment parking lot after childbirth. On April 29, 2012, Plaintiff A was born the Plaintiff on the part of the Plaintiff, Plaintiff A was punished by abortion, and Plaintiff A was employed by illegal abortion, and then Plaintiff A was placed in his/her place of residence, and Plaintiff A had sexual intercourse from home to his/her own place of residence.

C. On July 1, 2014, the Defendant was sentenced to a nine-year sentence by the Seoul High Court for a crime of violation of the Child and Juvenile Sex Protection Act, etc., and appealed on July 4, 2014.

[Grounds for Recognition: Evidence No. 1-3, Evidence No. 2-1 through 3, Evidence No. 3-1, 2, Evidence No. 4, Evidence No. 6 through 10, and the purport of the whole pleadings]

2. Determination

A. In addition to the facts of recognition as seen earlier, the Defendant is obligated to recognize the Plaintiff B as the natural father, and the Defendant also is obligated to recognize the Plaintiff B as the natural father.

B. Furthermore, with respect to the claim for the designation of a person with parental authority and a person with parental authority over the Plaintiff B, the Defendant is still under detention upon the sentence of nine years of imprisonment with prison labor, and the Defendant is required to attach and live an electronic tracking device even after the termination of imprisonment with prison labor. The Defendant did not pay any particular attention to bringing up the Plaintiff born in the mary relationship, and approach the Plaintiff A, G, thereby preventing the above crime and end up withdrawal. Meanwhile, the Plaintiff A or his mother, who is a person with parental authority over the Plaintiff A, can exercise parental authority over the Plaintiff B on behalf of the Plaintiff pursuant to Article 910 of the Civil Act. Accordingly, even if the Plaintiff is designated as the person with parental authority over the Plaintiff, it does not go against the welfare of the Plaintiff B, and furthermore, even if the Plaintiff’s mother is unable to expect practical bringing up the Plaintiff B to the Plaintiff, the Plaintiff and the mother of the Plaintiff, who is a person with parental authority over the Plaintiff, cannot expect the Plaintiff to bring up the Plaintiff to the Plaintiff through the adoption environment.

3. Conclusion

Therefore, the plaintiffs' claim for recognition of this case shall be accepted on the grounds of its reasoning, and with respect to the person with parental authority and custodian of the plaintiffs B, it is so decided as per Disposition as above.

Judges Yang Sung-hee