the relationship of relatives, as provided in section 752 of the Civil Code

It is reasonable to interpret that the relationship of relatives referred to in this Article does not necessarily refer only to the relationship on the family register, but includes the case of actual relation even if the name is not entered.

Article 752 of the Civil Act

Plaintiff 1 and two others

Countries

Seoul High Court Decision 65Na1341 delivered on February 8, 1966

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal by Defendant Litigation Performers are examined.

Article 752 of the Civil Code provides that a person who damages another's life shall be liable to compensate for any damage other than property damage to the victim's lineal ascendants, lineal descendants, and spouse. Here, the relationship of relatives shall not necessarily refer to the relationship of relatives on the family register, and in this case, it shall be interpreted that the claim for consolation money, such as the above relationship of relatives (in a case where the relation of relatives on the family register has not been entered in the family register) also includes the above relation of relatives (see Supreme Court Decision 62Da72 delivered on April 26, 1962). Thus, as an opposing opinion, it shall not be understood that the part of the original judgment, which accepted the claim for this case by the plaintiff 1 and the plaintiff 2, constitutes an attack on the part of the original judgment.

Therefore, it is so decided as per Disposition by the assent of all participating judges under Articles 400, 95, and 89 of the Civil Procedure Act.

[Judgment of the Supreme Court (Presiding Judge) Na-man (Presiding Judge)