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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 eligible to bring an action demanding confirmation of the existence of a biological parental relation is limited to a person eligible to 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 the existence of a biological parental relation on the sole basis of the fact that the said person corresponds to relatives stipulated in Article 777 of the Civil Act (negative)
[2] In a case where Party E, a grandson of Party D, 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 is deemed a person of distinguished services to national independence, is included in the bereaved families of persons of distinguished services to national independence, the case holding that it is unreasonable in that having 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 a ruling confirming nonexistence of a 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 lacking standing to sue
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