A. Even if the victim died, the claim of consolation money is naturally inherited.

B. The bereaved family's right to consolation money and the right to claim consolation money inherited can be exercised together.

(a) The bereaved family's right to consolation money and the right to claim consolation money inherited may be exercised together; and

B. Even if the victim dies, the claim for consolation money is naturally inherited.

Articles 751, 997, and 752 of the Civil Act

Plaintiff 1 and one other

Korea

Daejeon District Court and Seoul High Court Decision 68Na1898 delivered on January 30, 1969

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

With respect to the grounds of appeal by the defendant litigation performer, since the victim's right to consolation money for mental distress is no ground to treat it separately from the right to claim compensation for property damage, the victim's right to claim consolation money cannot be viewed as exclusive right and inherited due to the death of the victim. Even if the victim's heir is a bereaved family under Article 752 of the Civil Act, it cannot be unfair because the victim's bereaved family can exercise together the right to consolation money's own right to claim consolation money under Article 752 of the Civil Act and the victim's right to claim consolation money's inherited from the victim, and the victim's right to claim consolation money can be regarded as non-property damage due to the victim's illegal act. In other words, even if the victim was dead, the victim's right to consolation money can be recognized at a time between the time when the victim was dead and the death, and therefore, it cannot be applied to the victim's right to claim consolation money as a matter of course, and according to the facts established in the original judgment, there is no error in the application of the provisions of law of the National Defense Act.

Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

The presiding judge of the Supreme Court (Presiding Judge)