A child born out of wedlock and a child born out of wedlock, which may not be established even if the father of the child has waited for recognition or report of birth;

It is reasonable to interpret that the birth of a child born out of wedlock and the mother does not wait for the recognition of the birth or the report of birth, but naturally comes into legal relationship with the birth of the child.

Article 767 of the Civil Act, Paragraph 1 of Article 855 of the Civil Act

Plaintiff

Korea

Seoul High Court Decision 67Na122 delivered on June 22, 1967, Seoul High Court Decision 67Na122 delivered on July 22, 1967

The part against the plaintiff in the original judgment shall be reversed.

The case is remanded to Seoul High Court.

The defendant's appeal is dismissed.

First, we examine the grounds of appeal by the defendant performer.

The judgment of the court below that recognized the fact that the plaintiff was the mother of the deceased Kim Dol and ordered the defendant to pay the plaintiff the damages other than the property damage due to the death of Kim Dol and that the reason for the original adjudication is just and the dissenting opinion is not justified (refer to the judgment of the court below 66Da493 delivered on June 28, 1966).

Next, we examine the Plaintiff’s attorney’s grounds of appeal.

According to the reasoning of the judgment below, the court below rejected the plaintiff's claim for damages on the property as the deceased's property heir on the ground that there was no legal parent-child relationship between the plaintiff and the non-party 1 who was in de facto father-child relationship between both parties, and that there was no birth report.According to the main text of Article 855 (1) of the Civil Code and Article 859 of the same Act, the child born out of wedlock can be recognized by the birth father or the mother, and the recognition takes effect by reporting as prescribed by the Family Register Act except in special cases such as the baby, it is obvious that the birth father-child relationship was divided, and it is reasonable to interpret the child born out of wedlock and the mother as a matter of course as to whether the child born out of wedlock is a child born out of wedlock.

Therefore, the part against the plaintiff in the original judgment is reversed, and that part is remanded to the Seoul High Court, and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent

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