現行民法上 相續人規定에 대한 再檢討

For Amendment, Review about the Provisions of Inheritor of the Korean Civil Law

In past days, there were three systems of inheritance in Korean Civil Law. They were inheritance of property, inheritance of head of family and inheritance of ancestor-worship. The inheritance of ancestor-worship was disappeared on March 3, 1933 by the decision of Chosun Appellate Court. And the inheritance of head of family was amended in 1990, so now there is only one system, the inheritance of property. I think that we have to review the provisions of inheritor of the Korean Civil Law, according to the change of korean society, the change of korean family, and the development of the capitalistic society of Korea. The provisions of the object to review Korean Civil Law, Article 999 (Claim for Recovery of Inheritance) (1) If the right of inheritance is infringed by a person who pretends to have the right of inheritance, the person who has the right of inheritance or his agent by law may bring an action for recovery of inheritance. (2) The claim for recovery of inheritance under paragraph (1) shall lapse at the expiration of three years after the knowledge of the infringement, or ten years after the commencement of the inheritance. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990] Article 1000 (Priority of Inheritance) (1) In inheritance, persons become inheritors in the following order: <Amended by Act No. 4199, Jan. 13, 1990> 1.Lineal descendants of the inheritee; 2.Lineal ascendants of the inheritee; 3.Brothers and sisters of the inheritee; and 4.Collateral blood relatives within the fourth degree of the inheritee. (2) In the case mentioned in paragraph (1), if there are two or more inheritors standing in the same order, the closest in degree of rela-tionship shall have the priority of inheritance. If there are two or more inheritors standing in the same degree of relationship, they become co-inheritors. (3) With respect to the order of inheritance, an unborn child shall be considered as born. <Amended by Act No. 4199, Jan. 13, 1990> Article 1001 (Inheritance by Representation) Where a lineal descendant or a brother or sister who would become an inheritor in accordance with the provisions of Article 1000 (1) 1 and 3, has died, or has become disqualified before the commencement of suc-cession, his or her lineal descendants, if any exist, shall become inheritors in the order in which the deceased or disqualified person would have become the inheritor. Article 1002 Deleted. <by Act No. 4199, Jan. 13, 1990> Article 1003 (Order of Inheritance of Spouse) (1) If there exist such inheritors as provided in Article 1000 (1) 1 and 2, the spouse of the inheritee becomes a co-inheritor, in the same order as the said inheritor. If there exists no inheritor, the spouse becomes the sole inheritor. <Amended by Act No. 4199, Jan. 13, 1990> (2) In the case mentioned in Article 1001, the spouse of the deceased or the disqualified person, before the commencement of inheritance, be-comes a co-inheritor in the same order as the inheritors provided in the same Article. If there exists no inheritor, the spouse becomes the sole inheritor. <Amended by Act No. 4199, Jan. 13, 1990> Article 1004 (Cause Whereby Inheritor becomes Disqualified) No person who falls under any of the following sub-paragraphs may become the inheritor: <Amended by Act No. 4199, Jan. 13, 1990> 1. A person who has intentionally killed or attempted to kill a lineal ascendant, the inheritee, his or her spouse, or any person who has priority or is in the same order of inheritance; 2. A person who has intentionally assaulted a lineal ascendant, the inheritee or his or her spouse, and caused their death; 3. A person who interferes by fraud or duress with a will or withdrawal of a will on an adopted child or any other inheritance of the inheritee; 4. A person who has by fraud or duress, another person make a will on an adopted person and any other inheritance of the inheritee; and 5. A person who forges, alte