미성년자인 상속인의 한정승인에 관한 절차법적 검토

A Procedural Review on Qualified Acceptance of Minor Heirs

In many cases, minor heirs are damaged by obligations with the inherited estate. The Ministry of Justice announced an amendment to the Civil Code to protect minor heirs. The amendment can relieve some of the heirs, but it cannot protect minor heirs who become aware of their inheritance obligations when they are minors. In addition, legislation on the procedure for liquidation of Inherited Estate is necessary. If minor heirs passed the period for acceptance and renunciation, qualified acceptance should be regarded. And the provisions for bankruptcy of inherited property of the Debtor Rehabilitation And Bankruptcy Act should also be revised. The amendment to the Family Litigation Act should be amended that minors have non-litigation capacity in cases related to qualified acceptance. In the procedure of accepting the qualified acceptance report of minor heirs, the judge can appoint a procedure assistant to support minor heirs. In judicial procedures that affect the minor himself, the minor's own partici- pation must be guaranteed. A court may grant a litigation aid to participate in family litigation procedures that have an important impact on one’s life.