相續缺格에 관한 제반문제

Some problems for the disqualification of succession

&nbsp;&nbsp;Korean Civil Law(KCL) Article 1004 Prescribes disqualification of inheriting those who have committed acts referred to in non-ethics behavior. While the principle is recognized in other country, the principle is different. In other words, Most of country has disqualified the inheritance right where the non-ethics behavior referred to the succession, on the other hand, our country has disqualified for the inheritance in case of the inflicted on a lineal ascendant’s life. According to the prescription, the disqualification of succession is caused where whether the disqualification of inheriting those who have committed acts referred to in non-ethics behavior or not.<BR>&nbsp;&nbsp;Korean Inheritor becomes disqualified caused by making a general classification which one is the inflicted on the life and the other is illegal acting on the wills with the inheritance. In the latter case, the object of inheritee(ancestor) and a will are divided.<BR>&nbsp;&nbsp;The matters connected with the inflicted on an inheritee are "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"(Korean Civil Code Article 1004.1), "A person who has intentionally assaulted a lineal ascendant, the inheritee or his or her spouse, and caused their death"(Korean Civil Code Artcle 1004.2).<BR>&nbsp;&nbsp;In the matters of "intention", the term means only a matter of knowledge of the blood relationship between the victim and wrongdoer, and besides, not necessary require the knowledge that the wrongdoer has advantage over the inheritance on account of the wrongdoer’s act. Determination of timing of priority or in the same order of inheritance is not the time of beginning of succession but the wrongdoer’s act related to the disqualification of succession. And this reason is applicable to the abortion.<BR>&nbsp;&nbsp;Illegal acting on the wills is came under "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"(Article 1004. 3), "A person who has by fraud or duress, another person make a will on an adopted person and any other inheritance of the inheritee"(Article 1004.4), "A person who forges, alters, destroys or conceals a will on an adopted child and any other inheritance of the inheritee"(Article 1004. 5).<BR>&nbsp;&nbsp;In that case, The terms of "intention" includes not only either mistake caused by fraud or raising the external mind but requisite for the double intention that includes disturbing the specific acting of wills for the advantage of oneself in inheritance. And it must have to make a will effectively or a withdrawal cause of wrongdoer’s acting.<BR>&nbsp;&nbsp;A will must be effective in case of the object of the wills with the inheritance.<BR>&nbsp;&nbsp;When there is such a cause of disqualification, it necessarily comes into legal effect of disqualification. And the effect does not require an inheritee or party interested to claim or institute a suit. It does not deprive a wrongdoer of his qualification of general succession but only deprive a qualification of specific succession under reasons for being disqualified.