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TITLE Supreme Court en banc Decision 2015Meu8351 Decided June 18, 2020 【Confirmation of Existence of Biological Parental Relation】 [full Text]
Summary
[1] Whether a person who may bring an action demanding confirmation of existence of biological parental relation is limited to a person who may bring an action prescribed in Article 865(1) of the Civil Act (affirmative) and whether a person may naturally bring an action demanding confirmation of existence of biological parental relation on the sole basis of the fact that he/she corresponds to relatives stipulated in Article 777 of the Civil Act (negative)
[2] In a case where Party E, a grandson of Party D who is the eldest son of Party A, demanded confirmation of the fact that no biological parental relation exists between Party A and Party B against the prosecutor when it was admitted that Party C, a child of Party B, the eldest daughter of Party A who was a person of distinguished services to national independence, is included in the bereaved families of the persons of distinguished services to national independence, the case holding that it is unreasonable in that the standing to sue prescribed in Article 865(1) of the Civil Act cannot be seen to be admitted on the sole basis of the fact that Party E is related to Party A, and even if the ruling to confirm nonexistence of biological parental relation becomes final and conclusive, Party E cannot be deemed to have legal interests thereon, and thus the above action demanding confirmation was brought by a person who is not standing to sue
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