장례에서 유언자의 의사 실현

The realization of the testator’s final wishes in funeral arrangements

The Supreme Court has regarded the obligation to honor the deceased’s final wishes regarding funeral arrangements as merely a moral duty rather than a legal obligation. In particular, the resolution of disputes between those who seek to honor the deceased’s wishes and those who oppose them has been based on Article 1008-3 of the Korean Civil Act. This approach may result in overlooking the deceased’s will or final wishes. Building on this analysis, this article contends that the testator’s will regarding funeral arrangements should be accorded legal effect on the basis of human dignity and the right to self-determination. Furthermore, it advances the proposal that funeral arrangements should be recognized as statutory testamentary matters. In this way, it is expected to substantively respect the dignity of the deceased while preventing disputes among bereaved family members who shared close relationships with the deceased.