Action seeking confirmation of denial of paternity between a person who has been declared absent, and whether the person is the respondent of the prosecutor (negative)

In accordance with the Act on Special Measures for the Declaration of Absence, etc., the remaining person who was removed from the family register after the absentee declaration cannot be deemed to have been declared missing in relation to the parent-child relationship, and therefore, in filing a lawsuit seeking confirmation that there is no parental relation between the remaining person and the remaining person, the prosecutor may not

Article 4 of the Act on Special Measures for Declaration of Absence, etc.; Article 865(2) of the Civil Act

Attorney Song-soo et al., Counsel for the appellant

Prosecutor

Seoul High Court Decision 79Meu161 delivered on March 10, 1980

The appeal is dismissed.

The costs of an appeal shall be borne by the appellant.

The grounds of appeal by the appellant are examined.

In light of the purport of the Act on Special Measures for the Absentee Declaration, etc. separate between an absentee and a remaining person, the remaining person does not have any special provision for the procedure of the adjudication of disappearance, but only the provision that the remaining person is removed from the family register by an absentee declaration and that only the family inheritance, inheritance, and marriage are deemed to have been declared missing, the effect of the absentee declaration on such remaining person shall be strictly interpreted, and it shall not be expanded without permission. Accordingly, in a lawsuit seeking confirmation that there is no natural relationship between the remaining person and the remaining person in the family register by an absentee declaration, the effect of the absentee declaration shall be extended strictly and it shall not be expanded without permission. Accordingly, in a lawsuit seeking confirmation that there is no natural relationship between the remaining person and the remaining person in the family register by an absentee declaration, the prosecutor is trying to extend the effect of the absentee declaration without any grounds.

Therefore, the appeal is dismissed, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Jong-young (Presiding Justice)