2023-05-11 05:22:00
society |
[서울=뉴스핌] Correspondent Ki-Rak Kim = The Supreme Court’s first decision came out that the eldest son does not have to be the ancestral ancestral rite, and that the oldest of the closest relatives takes precedence as the ancestral ancestral ancestral ancestral ancestral rite.
On the 11th, the Supreme Court’s enactment held an appeal trial for the extradition of Mr. A’s remains, a co-heir, and reversed the lower court’s ruling dismissing Mr. A’s claim and remanded the case to the Seoul High Court.
The plaintiffs, including Mr. A, are the spouse, eldest daughter, and second daughter of the deceased, and the deceased had an eldest son with the defendant B while he was in a marital relationship with the plaintiff. When the deceased died, Mr. B cremated the body of the deceased and enshrined the remains in a memorial hall in a memorial park operated by another defendant corporation.
Accordingly, the plaintiffs filed a lawsuit seeking the delivery of the remains of the deceased.
The lower court dismissed the plaintiffs’ claim. The court of first instance judged that the eldest son of the deceased had the right to the remains of the deceased as the head of the ancestral rite, and Mr. B was in possession and management of the remains as the eldest son’s legal representative (mother of the parental authority). The second trial also maintained the judgment of the first trial.
The issue of the appeal was which of the co-heirs had the right to the remains of the deceased.
| [서울=뉴스핌] Correspondent Yoon Chang-bin = The entire Supreme Court. 2021.06.16 [email protected] |
The existing enactment ruling states that the body and remains of the ancestor are considered in accordance with Article 1008-3 of the Civil Act as prescribed property for ancestral rites, and that the person presiding over the ancestral rites succeeds them. If this does not happen, the eldest son or eldest grandson of the deceased becomes the ancestral celebrant, unless there is a special circumstance in which the status of the ancestral celebrant cannot be maintained.
However, the Supreme Court made a new decision in the appeals hearing today. This is because the legal principle of the previous enactment decision on the method of determining the person who presides over the ancestral rite can no longer be regarded as in line with the law and cannot be maintained if there is no agreement between the co-heirs.
According to Daebeop, in modern society, the meaning of male-centered family succession, which is patrilineal blood, has faded considerably, and the meaning of respect and remembrance for the deceased is becoming more important. judged that there was no
Today, there is no difference in the roles of sons and daughters in commemorating ancestors or supporting parents, and funeral methods are becoming more diverse, such as cremation and natural burial instead of traditional burials, and the form and procedure of ancestral rites are gradually being simplified. done.
In addition, they heard the reason that giving priority to the male heir, such as the eldest son or grandson, as the presiding officer of the ancestral rite cannot be seen as a tradition to be preserved or justified by Article 9 of the Constitution.
The Supreme Court said, “The lower court upheld the judgment of the first instance, dismissing all the claims of the plaintiffs, including the eldest daughter, who is the eldest of the children, considering that the eldest son of the deceased has the right to the remains of the deceased as the presiding officer of the ancestral rite.” There was an error in influencing the judgment by misunderstanding the legal principles regarding the method of determining the person presiding over the ancestral rites and not completing the necessary hearings.”
An official from the Supreme Court said, “The Supreme Court changed the part regarding the method of determining the presiding officer of the ancestral rites in the previous enactment ruling, and unless there is a special circumstance in which the status of the presiding officer of the ancestral rite cannot be recognized unless there is an agreement between co-heirs on the presiding officer of the ancestral rite, Among the lineal descendants of the family, regardless of gender or title, the oldest of the closest relatives takes precedence as the presiding officer of the ancestral rite.”
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