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(영문) 서울가법 1991. 7. 24.자 91느2498 제6부심판 : 확정
[친권상실청구사건][하집1991(2),537]
Main Issues

The case holding that there is a serious reason for not allowing a remarried mother to exercise parental authority;

Summary of Judgment

Inasmuch as a new family relationship is established, such as where a re-born mother is already born after the death of the father who has brought up a minor her child, and is bringing up the 1 South and North her child by raising the her child, if there is concern as to whether her child can be brought up due to a genuine difficult situation while exercising her parental authority in the future, this constitutes a case where there is a serious reason for not exercising her parental authority.

[Reference Provisions]

Article 924 of the Civil Act

Cheong-gu person

Han ○

appellees

○ Kim

Text

1. The appellee shall lose parental authority over the principal of the case;

2. The trial expenses shall be borne by the respondent.

Reasons

In full view of the statements in Gap evidence 1-1, 2, 3, 2-1, 2-1, 2-2 and 1-2 of Gap evidence 1-2 and testimony of non-party 1 as witness, the defendant reported a marriage on December 3, 197 to the non-party 2, 197, and the principal of the case was divorced between the non-party 2 and the non-party 2 on February 10, 1987, and the defendant was married to the non-party 3 on December 2, 1988, and brought up 11-son's children between the non-party 3 and the non-party 3. After the divorce with the defendant, the non-party 2 was raising the principal of the case born between the defendant and the defendant and raised the principal of the case born between the defendant and the non-party 1 and the defendant on September 15, 1990.

According to the above facts, although the defendant was the only person of parental authority due to the death of non-party 2, the defendant does not look at the principal of the case even though he was the only person of parental authority, and as a new family relationship has been formed due to the re-issuance with non-party 3, there is a concern that the defendant would be able to rear the principal of the case due to a genuine difficulty in exercising parental authority for the principal of the case in the future, which constitutes a case where there is a serious reason for not exercising parental authority.

If so, the claimant's claim of this case is legitimate, so it shall be judged as per Disposition.

Administrative patent judges (Presiding Judge) Heung-nam, Kim Jong-kak

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