The right to claim consolation money and Article 752 of the Civil Code

In the case of death of a person who died due to the illegal act of another person, the money has the right to claim consolation money, even though it is not listed in Section 752 of this Act.

Article 752 of the Civil Act

S.S.

Korea

Seoul High Court Decision 67Na718 delivered on July 19, 1967, Seoul High Court Decision 67Na718 delivered on July 19, 1967

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

We examine the grounds of appeal by Defendant 1’s Justice.

In light of the law of Article 750 of the Civil Code, the court below accepted the claim of consolation money for the victim's death of the deceased non-party, who suffered from the plaintiff's mental pain, and there is no error of law in the light of the law of Article 750 of the Civil Code, and there is no theory of litigation that the deceased's satisf of the deceased in Article 752 of the Civil Code does not have a right to claim compensation for damages against the other's life infringement (this opinion is based on the precedents of the court below).

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

[Judgment of the Supreme Court (Presiding Judge) Na-dong and Do-dong Do-won Round