Article 932 of the Civil Code, the meaning of "dive blood relatives"

Article 932 of the Civil Act provides that a lineal blood relative is not restricted to a father's lineal blood relative, and there is no reason to interpret that a lineal blood relative is limited to a father's lineal blood relative, so a lineal blood relative is neither a father nor a mother's family member nor a relative. Therefore, a lineal blood relative becomes a legal guardian than a mother's family member.

Article 932 of the Civil Act

Attorney Go Jae-ho et al., Counsel for the re-appellant

Attorney Lee Dong-won, et al.

Principal 1 and 3 others

Seoul Family Court Order 81B180-184 dated August 29, 1981

The reappeal is dismissed.

The grounds for reappeals are examined (the grounds for reappeals are examined to the extent of supplement in the event they are submitted after the expiration of the period of reappeals as the grounds for reappeals are groundless)

1. Article 932 of the Civil Act provides that a minor's spouse, lineal blood relative, collateral blood relative within the third degree and family head's order shall be a guardian in the order of the minor's spouse, lineal blood relative, collateral blood relative within the third degree, and family head's family head. In this context, the minor's lineal blood relative does not have any restriction on father's lineal blood relative, and there is no reason to interpret that it is limited to father's lineal blood relative, and therefore, the lineal blood relative is a legal guardian in the second degree regardless of father's or mother, and when the minor is married, the minor is presumed to be an adult (Article 826-2 of the Civil Act). Thus, the provision on the order of guardian when the married female is a minor is presumed to be an adult (Article 826-2 of the Civil Act), and even if not, Article 934 of the Civil Act on the guardian's order provides that "the minor's lineal blood relative within the deceased's spouse's lineal blood relative within the third degree" is not interpreted as a legal guardian's order.

Ultimately, there is no illegality of misunderstanding the scope of lineal blood relatives under Article 932 of the Civil Code in the original decision.

2. In light of the facts acknowledged by the court below as a ground for the dismissal of a guardian, the court below rejected the application for dismissal on the ground that the other party is not responsible for the duties of a guardian, or does not constitute a ground for not being able to cope with the duties of a guardian. In light of the records, the court below's above determination is correct and pride, and there is no error of law as to the ground for dismissal of a guardian

3. Ultimately, all arguments are without merit, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Young-young (Presiding Justice)