(a)the relationship between the final and conclusive judgment of the husband and the recognition;

(b)The validity of the conciliation protocol other than the father and the relationship between article 19, paragraph 2 of the Family Trial Act;

(a) The presumption of paternity as referred to in this Article shall also apply to cases where the husband or wife actually divorced and is born while living separately.

B. As to the person who is presumed to be the father of another person, no stamps may be made before the judgment of denial of paternity becomes final and conclusive from the father.

C. The protocol of denial of paternity is invalid because the parties concerned cannot arbitrarily dispose of the matters.

Article 844 of the Civil Act; Article 847 of the Civil Act; Article 855 of the Civil Act; Article 19(2) of the Family Trial Act; Article 863 of the Civil Act

Claimant

appellees

Daegu District Court Decision 65Reu761 delivered on August 25, 1967

We reverse the original judgment.

The case is remanded to the Daegu High Court.

The defendant's ground of appeal No. 1 is examined.

According to the provisions of Article 863 of the Civil Code, in the case of an incompetent person, his legal representative may bring an action of affiliation. Thus, in the case of this case, the claim of this case in which the claimant’s seat is a quasi-incompetent and the mother of the person with parental authority is lawful. (See Article 909(2) of the Civil Code) is groundless.

The grounds of appeal Nos. 2 through 5 are also examined.

According to the facts established by the court below, the legal representative of the claimant is married to the non-party 1 in March 31, 194, and he is actually divorced in December 10, 1958, and was born with the respondent and his husband from December 10, 1968 during the period of divorce, and the divorce procedure has been completed on the non-party 1 in the family register and the non-party 1 in the claim against the plaintiff was prepared a protocol of mediation accepting the claim of denial of paternity against the plaintiff. As for the person presumed as the child of another legal person, no stamp cannot be raised before the judgment in the lawsuit of denial of paternity becomes final and conclusive from the father's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's husband's wife's wife's husband's wife's wife's wife's wife.

Therefore, by applying the provisions of Article 406(1) of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.

Judge Do-dong (Presiding Judge) of the Supreme Court