판례로 살펴 본 제사용 재산의 승계

A Study on the Inheritance of Property for Ancestor Worship in the View of Cases

Who is the person who superintends the ancestral rites? What is Property for Ancestor Worship? For these questions, the Civil Code of Korea has only one article. Article 1008-3 (Inheritance of Graveyards, etc.) The right of ownership in forest land not more than 2.451 acres for graves and farmland for management of graves less than 1983.48 square meters, a genealogy, and ritual implements shall be succeeded to by the person who superintends the ancestral rites. Today, the responsibility of ancestor worship duty is not considered as legal duty, but only as moral duty. So, some Questions arises, for example, is it necessary to enforce the moral duty by law? In this paper, I review these points. According to the change of the time, i interpret the rules of the Inheritance of Property for Ancestor Worship to suit the reality. I wish this study is to be helpful to the study of the Inheritance of Property for Ancestor Worshipe.