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논문 기본 정보

저자정보
(동아대학교)
저널정보
동아대학교 법학연구소 동아법학 東亞法學 第90號
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    초록·키워드

    Under the current civil law, the scope of heirs is in the order of direct descendants, direct ancestors, brothers and sisters, and cousins. If a spouse has a direct descendant, he or she is inherited with a direct descendant. If there is no direct descendant, the spouse is inherited with a direct ancestor. However, if there is no direct relative, the spouse will receive sole inheritance.
    In the case of joint inheritance with direct descendants or direct ancestors, 50% of the inheritance of the spouse shall be added to the inheritance of direct descendants or direct ancestors. According to the law about the scope of an heir, he/she shall not be deprived of his/her qualifications as an heir unless it falls under the grounds for disqualification of inheritance. This leads to the rule of inheritance of those who should not be inherited by principle of good faith. The recent issue involved the deprivation of the right to inheritance that did not fulfill the duty of support. A bill has already been proposed to the National Assembly. And not long ago, an act was enacted to prevent the immediate ancestors of public officials who did not fulfill their duty of support from receiving the survivor"s pension. In addition, it is possible to deprive a spouse of the right to inherit in case of de facto state of divorce. Of course, these cases will require very strict requirements. On the contrary, it is also necessary to recognize a prearranged inheritance before marriage for a married spouse. It is necessary to supplement other rules for disqualification of inheritance and establish new regulations, too. Overall, it is urgent to revise and supplement the existing inheritance law provisions concerned.

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      UCI(KEPA) : I410-ECN-0101-2021-360-001573136