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[Title]
상속법(민법) 영어본. Korean Succession(Inheritance) law
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CHAPTER III MARRIAGE
SECTION 1 Matrimonial Engagement
 Article 800 (Freedom of Matrimonial Engagement)  Printed articles
Any adult person may freely enter into a matrimonial engagement.
 Article 801 (Eligible Age for Matrimonial Engagement)  Printed articles
Any person who has attained the age of 18 may enter into a matrimonial engagement upon the consent of his or her parents or adult guardian. Article 808 shall apply mutatis mutandis to such cases.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 802 (Adult Guardianship and Matrimonial Engagement)  Printed articles
An adult ward may enter into a matrimonial engagement upon the consent of his or her parents or adult guardian. Article 808 shall apply mutatis mutandis to such cases.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 803 (Prohibition of Compulsory Performance of Matrimonial Engagement)  Printed articles
No person may claim to the court for compulsory performance of a matrimonial engagement.
 Article 804 (Causes for Dissolution of Matrimonial Engagement)  Printed articles
Where any of the following causes is attributable to any one party to a matrimonial engagement, the other party may dissolve such engagement:
1.If one of the parties has been sentenced to punishment of suspension of qualification or heavier punishment;
2.If one of the parties has been adjudicated to commence adult guardianship or limited guardianship after the conclusion of matrimonial engagement;
3.If one of the parties has been suffering from a venereal disease, incurable psychosis or any other incurable disease;
4.If one of the parties is engaged to or has married a person other than the party to the engagement after the conclusion of matrimonial engagement;
5.If one of the parties has committed adultery with another person after the conclusion of matrimonial engagement;
6.If the death and life of one of the parties has been unknown for at least one year after the conclusion of matrimonial engagement;
7.If one of the parties has refused or delayed marriage without a just ground;
8.If any other serious cause arises.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 805 (Method of Dissolution of Matrimonial Engagement)  Printed articles
Dissolution of a matrimonial engagement shall be effected by the declaration of intention of one party to the other party: Provided, That where a party is unable to make any declaration of intention to the other party, such engagement shall be deemed to have been dissolved when the cause of such dissolution becomes known to the dissolving party.
 Article 806 (Dissolution of Matrimonial Engagement and Claims for Damages)  Printed articles
(1)When a matrimonial engagement has been dissolved between parties, one party may claim against the other party in negligence the damages therefrom.
(2)In paragraph (1), the negligent party shall be liable for damages from mental anguish in addition to property damages.
(3)Claims for damages from mental anguish may not be assigned or succeeded: Provided, That this shall not apply to the case where a contract concerning indemnity has already been entered into between the parties or a legal action on a claim for damages has been instituted.
SECTION 2 Formation of Marriage
 Article 807 (Marriageable Age)  Printed articles
Any person who is eighteen years old or older may enter into matrimony.
[This Article Wholly Amended by Act No. 8720, Dec. 21, 2007]
 Article 808 (Marriage Requiring Consent)  Printed articles
(1)A minor shall obtain the consent of both parents in order to marry. If one parent is unable to exercise the right of consent, the minor shall obtain the consent of the other parent, and if neither parent is able to exercise the right of consent, the minor shall obtain the consent of his or her guardian of minor.
(2)An adult ward may marry upon obtaining the consent of his or her parents or adult guardian.
[This Article Wholly Amended by Act No. 0429, Mar. 7, 2011]
 Article 809 (Prohibition of Consanguineous Marriage, etc.)  Printed articles
(1)A marriage may not be allowed between blood relatives (including the blood relatives of an adoptee before full adoption) within the eighth degree of relationship.
<<This paragraph was amended by Act No. 7427, March 31, 2005 pursuant to the decision of incompatibility with the Constitution which was made by the Constitutional Court on March 27, 1997>>
(2)A marriage may not be allowed between the parties who are or were such relatives by affinity as the spouses of blood relatives within the sixth degree of relationship, the blood relatives of the spouse within the sixth degree of relationship, and the spouses of blood relatives of the spouse within the fourth degree of relationship.
(3)A marriage may not be allowed between the parties who were the blood relatives of adoptive parent line within the sixth degree of relationship and the affinity relatives of adoptive parent line within the fourth degree of relationship.
[This Article Wholly Amended by Act No. 7427, Mar. 31, 2005]
 Article 810 (Prohibition of Bigamy)  Printed articles
No one who has a spouse shall enter into another marriage.
 Article 811 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 812 (Formation of Marriage)  Printed articles
(1)A marriage shall take effect by reporting in accordance with the provisions of the Act on the Registration, etc. of Family Relationship<Amended by Act No. 8435, May 17, 2007>
(2)The report mentioned in paragraph (1) shall be submitted in writing with co-signatures of both parties and two adult witnesses.
 Article 813 (Examination of Marriage Report)  Printed articles
Marriage report shall be accepted unless a marriage is in violation of the provisions of Articles 807 through 810 and 812 (2), and of any other Acts and subordinate statutes. <Amended by Act No. 7427, Mar. 31, 2005>
 Article 814 (Marriage Report in Foreign State)  Printed articles
(1)A marriage between Korean nationals in a foreign state may be reported to the Korean Ambassador, Minister, or Consul stationed in that state.
(2)The Ambassador, Minister, or Consul who has received such a report, as mentioned in paragraph (1), shall promptly forward such a report and any other documents attached thereto to the family registration offices in the home State which have jurisdiction over the place of registration of the nationals concerned. <Amended by Act No. 7427, Mar. 31, 2005; Act No. 8435, May 17, 2007>
SECTION 3 Nullity and Annulment of Marriage
 Article 815 (Nullity of Marriage)  Printed articles
A marriage is null and void if it falls under any one of the following subparagraphs: <Amended by Act No. 7427, Mar. 31, 2005>
1.Where there is no agreement to marry between the parties;
2.Where the marriage is in violation of Article 809 (1);
3.Where there exists or existed between the parties the relationship of lineal relatives by affinity; and
4.Where there existed between the parties the relationship of lineal blood relatives of adoptive parent line.
 Article 816 (Causes for Annulment of Marriage)  Printed articles
A claim to the court for annulment of a marriage may be made under any one of the following subparagraphs: <Amended by Act No. 4199, Jan. 13, 1990; Act No. 7427, Mar. 31, 2005>
1.Where a marriage is in violation of the provisions of Articles 807 through 809 (excluding the cases falling under the nullity of marriage under Article 815; hereafter in Articles 817 and 820 the same shall apply) or 810;
2.When at the time of marriage one of the parties was unaware that the other party had been suffering from a malignant disease or had any other serious reason which would make marital life unable to continue; and
3.When the declaration of intention to marry has been made by fraud or duress.
 Article 817 (Claimant for Annulment of Marriage in Violation of Marriageable Age, etc.)  Printed articles
In the case of a marriage in violation of the provisions of Articles 807 and 808, a claim for annulment of the marriage to the court may be made by either party or legal representative thereof. In case of a marriage in violation of the provisions of Article 809, a claim for annulment of the marriage to the court may be made by either party, their lineal ascendants or collateral blood relatives within the fourth degree of relationship. <Amended by Act No. 7427, Mar. 31, 2005>
 Article 818 (Claimant for Annulment of Bigamy)  Printed articles
The principal, his or her spouse, lineal ascendants, collateral blood relatives within the fourth degree of relationship, or a public prosecutor may make a claim to the court for the annulment of a marriage, if it is in violation of Article 810.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 819 (Extinction of Right of Claim for Annulment of Marriage without Consent)  Printed articles
In cases of a marriage in violation of Article 808, no claim for annulment of the marriage may be made, if three months have elapsed from the day the minor party has attained the age of 19 or the termination of adult guardianship has been adjudged, or if the female party has become pregnant during the marriage.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 820 (Extinction of Right of Claim for Annulment of Consanguineous Marriage, etc.)  Printed articles
In cases of a marriage in violation of the provisions of Article 809, no claim for annulment of the marriage may be made, if the female party has become pregnant during the marriage. <Amended by Act No. 7427, Mar. 31, 2005>
 Article 821 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 822 (Extinction of Right of Claim for Annulment of Marriage due to Malignant Disease, etc.)  Printed articles
No claim for annulment of a marriage may be made on the ground of causes falling under the provisions of subparagraph 2 of Article 816, if six months have elapsed from the day when one party became aware that the other party had such cause.
 Article 823 (Extinction of Right of Claim for Annulment of Marriage by Fraud or Duress)  Printed articles
No claim for annulment of a marriage by fraud or duress may be made, if three months have elapsed from the day when the party discovered the fraud, or became free from the duress.
 Article 824 (Effect of Annulment of Marriage)  Printed articles
The annulment of a marriage shall not be retrospectively effective.
 Article 824-2 (Annulment of Marriage, Fosterage of Children, etc.)  Printed articles
Articles 837 and 837-2 shall apply mutatis mutandis to the responsibility for fostering children and the visitation right in cases of the annulment of a marriage.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]
 Article 825 (Annulment of Marriage and Right to Claim Damages)  Printed articles
The provisions of Article 806 shall apply mutatis mutandis in a case of the nullity and annulment of a marriage.
SECTION 4 Effect of Marriage
Sub-Section 1 General Effect
 Article 826 (Duties of Husband and Wife)  Printed articles
(1)Husband and wife shall live together, and shall support, and aid each other: Provided, That both parties must tolerate, if they do not live together temporarily for a due reason.
(2)The place where husband and wife reside, shall be determined by an agreement between them: Provided, That if they fail to reach an agreement, the place shall be determined by the Family Court upon a request of either party. <Amended by Act No. 4199, Jan. 13, 1990>
(3)and (4) Deleted. <by Act No. 7427, Mar. 31, 2005>
<<Paragraph (3) was deleted by Act No. 7427, March 31, 2005 pursuant to the decision of incompatibility with the Constitution which was made by the Constitutional Court on March 27, 1997>>
 Article 826-2 (Attaining Majority by Marriage)  Printed articles
If a minor enters into marriage, he shall be deemed to have attained majority.
[This Article Newly Inserted by Act No. 3051, Dec. 31, 1977]
 Article 827 (Right of Representation between Husband and Wife for Home Affairs)  Printed articles
(1)Husband and wife shall exercise the right of representation for each other on normal home affairs.
(2)Restriction upon the right of representation as mentioned in paragraph (1) shall not be set up against a third party acting in good faith.
 Article 828 Deleted.<by Act No. 11300, Feb. 10, 2012>  Printed articles
Sub-Section 2 Effect on Property
 Article 829 (Agreement and its Alteration on Matrimonial Property)  Printed articles
(1)If husband and wife have not, prior to the formation of marriage, entered into a contract which provides otherwise with respect to their property, their property relation shall be governed by the provision of each Article of this Sub-Section.
(2)If husband and wife have, prior to the formation of marriage, entered into a contract with respect to their property, such contract may not be altered during the marriage: Provided, That if there is a due reason to alter such contract, it may be altered upon approval of the court.
(3)If, where one spouse manages the property of the other in accordance with the contract referred to in paragraph (2), and such property is imperiled by mismanagement, the other spouse may claim to the court for permission of its own management. In this case, if such property is common property between husband and wife, the other spouse may claim to the court for the division of such property.
(4)If husband and wife have entered into a contract regarding their property, such contract may not be enforced against a successor in title of the husband or wife or a third party unless it is registered prior to the formation of their marriage.
(5)If the manager has been changed or a division of property in co-ownership has been effected in accordance with paragraphs (2) and (3) or by a contract, such change or division may not be enforced against a successor in title of the husband or wife or against a third party unless it has been registered.
 Article 830 (Peculiar Property and Property of which Title is Uncertain)  Printed articles
(1)Inherent property belonging to either husband or wife from the time before the marriage and property acquired during the marriage in his or her own name shall constitute his or her peculiar property.
(2)Any property, of which title is uncertain between the husband and wife, shall be presumed to be in their co-ownership. <Amended by Act No. 3051, Dec. 31, 1977>
 Article 831 (Management, etc. of Peculiar Property)  Printed articles
Husband or wife shall separately manage, use and take profit from his or her peculiar property.
 Article 832 (Joint Liability for Obligations with respect to Home Affairs)  Printed articles
If, with respect to normal home affairs, one spouse has effected a juristic act with a third person, the other spouse shall be jointly and severally liable for the obligation therefrom: Provided, That this shall not apply where a previous notice, to the effect that the other spouse will not assume such liability, has been clearly given to the third person.
 Article 833 (Living Expenses)  Printed articles
The expenses necessary for communal life of husband and wife shall be jointly and severally borne by them, unless a special stipulation has been made between them.
[This Article Wholly Amended by Act No. 4199, Jan. 13, 1990]
SECTION 5 Divorce
Sub-Section 1 Divorce by Agreement
 Article 834 (Divorce by Agreement)  Printed articles
Husband and wife may get a divorce by agreement.
 Article 835 (Adult guardianship and Divorce by Agreement)  Printed articles
Article 808 (2) shall apply mutatis mutandis to a divorce by agreement for an adult ward.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 836 (Taking Effect of Divorce and Method of Reporting)  Printed articles
(1)Divorce by agreement shall take effect upon reporting in accordance with the Act on the Registration, etc. of Family Relationship after obtaining the confirmation of the Family Court. <Amended by Act No. 3051, Dec. 31, 1977; Act No. 8435, May 17, 2007>
(2)The report as mentioned in paragraph (1) shall be filed in writing with joint signatures of both parties and two adult witnesses.
 Article 836-2 (Procedure of Divorce)  Printed articles
(1)Any person who intends to get a divorce by agreement shall have a guidance on divorce provided by the Family Court and, if necessary, the Family Court may recommend to take counsel with a professional counselor who has expertise and experiences in counseling.
(2)The party who filed an application for the confirmation of intention to divorce with the Family Court may have the confirmation of intention to divorce after the periods, prescribed by the following subparagraphs, have passed since the day of having such guidance referred to in paragraph (1):
1.Three months, if the party has any child to take care of (including an unborn child; hereafter the same shall apply in this Article); or
2.One month, if not falling under subparagraph 1.
(3)The Family Court may exempt the party from or reduce the period under paragraph (2), when there are such urgent circumstances to proceed a divorce as the party's unbearable suffering may be expected due to domestic violence.
(4)The party who has any child to take care of shall submit the documents of agreement on fostering under Article 837 and decision of custody under Article 909 (4) or the original copy of adjudication of the Family Court under Articles 837 and 909 (4).
(5)The Family Court shall establish a child support order to confirm the details of child support agreed between parties. In such cases, with respect to the effect of the child support order, Article 41 of the Family Litigation Act shall apply mutatis mutandis<Newly Inserted by Act No. 9650, May 8, 2009>
[This Article Newly Inserted by Act No. 8720, Dec. 21, 2007]
 Article 837 (Divorce and Responsibility of Fostering Children)  Printed articles
(1)The parties shall determine by agreement matters concerning fostering their children. <Amended by Act No. 4199, Jan. 13, 1990>
(2)If the agreement as set forth in paragraph (1) shall include matters as follows: <Amended by Act No. 8720, Dec. 21, 2007>
1.Decision on the custodian;
2.Child support; and
3.Visitation right and methods thereof.
(3)Where the agreement as set forth in paragraph (1) harms children's welfare, the Family Court shall order correction or decide ex officio matters related to fostering, taking consideration of children's intention and age, each parent's financial status and other circumstances. <Amended by Act No. 8720, Dec. 21, 2007>
(4)Where the agreement on fostering cannot or would not be made, the Family Court shall decide it upon a request of the party or ex officio. In such cases, the Family Court shall take matters as set forth in paragraph (3) into account. <Newly Inserted by Act No. 8720, Dec. 21, 2007>
(5)Where deemed necessary for children's welfare, the Family Court may change matters concerning fostering or take other appropriate measures, upon a request of each parent, children or prosecutor or ex officio<Newly Inserted by Act No. 8720, Dec. 21, 2007>
(6)Except for matters related to fostering, the provisions of paragraphs (3) through (5) shall not change the rights and duties of parents. <Newly Inserted by Act No. 8720, Dec. 21, 2007>
 Article 837-2 (Visitation Rights)  Printed articles
(1)A parent who does not take care of children and his or her children shall have the visitation right. <Amended by Act No. 8720, Dec. 21, 2007>
(2)If it is required for the welfare of children, the Family Court may, upon a request of the party or ex officio, restrict or exclude such visitation right. <Amended by Act No. 7427, Mar. 31, 2005>
[This Article Newly Inserted by Act No. 4199, Jan. 13, 1990]
 Article 838 (Claims for Revocation of Divorce by Fraud and Duress)  Printed articles
Any person who has declared intention of divorce by fraud or duress may claim to the Family Court for revocation of divorce. <Amended by Act No. 4199, Jan. 13, 1990>
 Article 839 (Provisions to be Applied Mutatis Mutandis)  Printed articles
The provisions of Article 823 shall apply mutatis mutandis to the cases of divorce by agreement.
 Article 839-2 (Claim for Division of Property)  Printed articles
(1)One of the parties who have been divorced by agreement, may claim a division of property against the other party.
(2)If no agreement is made for a division of property as referred to in paragraph (1), or if it is impossible to reach an agreement, the Family Court shall, upon a request of the parties, determine the amount and method of division, considering the amount of property acquired by cooperation of both parties and other circumstances.
(3)The claim for division of property as referred to in paragraph (1) shall be extinguished after two years have passed from the date of divorce.
[This Article Newly Inserted by Act No. 4199, Jan. 13, 1990]
 Article 839-3 (Right to Revoke Fraudulent Act for Preservation of Claim for Division of Property)  Printed articles
(1)When a party files a legal act for a property right, knowing that such act may obstruct the other party's exercise of a claim for division of property, the other party may file a lawsuit demanding a revocation of such act and recovery therefrom with the Family Court with Article 406 (1) applied mutatis mutandis.
(2)Such lawsuits as set forth in paragraph (1) shall be filed within the period as set forth in Article 406 (2).
[This Article Newly Inserted by Act No. 8720, Dec. 21, 2007]
Sub-Section 2 Judicial Divorce
 Article 840 (Causes for Judicial Divorce)  Printed articles
Either husband or wife may apply to the Family Court for a divorce in each case of the following subparagraphs: <Amended by Act No. 4199, Jan. 13, 1990>
1.If the other spouse has committed an act of unchastity;
2.If one spouse has been maliciously deserted by the other spouse;
3.If one spouse has been extremely maltreated by the other spouse or his or her lineal ascendants;
4.If one spouse's lineal ascendant has been extremely maltreated by the other spouse;
5.If the death or life of the other spouse has been unknown for three years; and
6.If there exists any other serious cause for making it difficult to continue the marriage.
 Article 841 (Extinction of Right to Apply for Divorce due to Unchastity)  Printed articles
With respect to the cause mentioned in subparagraph 1 of Article 840, if the spouse has given a previous consent or an ex post facto tolerance to the other party, or if six months have passed since the spouse was aware of such act of unchastity of the other, or if two years have passed since the happening of such event, the spouse may not apply to the court for a divorce.
 Article 842 (Extinction of Right to Apply for Divorce due to Any Other Reason)  Printed articles
With respect to the cause as provided in subparagraph 6 of Article 840, one spouse may not apply to the court for divorce after the lapse of six months since the day when the spouse became aware of such cause, or after the lapse of two years since such cause has occurred.
 Article 843 (Provisions to be Applied Mutatis Mutandis)  Printed articles
Article 806 shall apply mutatis mutandis to the claims for damages from a judicial divorce, Article 837 to the responsibility of parenting children following a judicial divorce, Article 837-2 to the visitation rights following a judicial divorce, Article 839-2 to the claim for division of property following a judicial divorce, and Article 839-3 to the right to cancel a fraudulent act for the purpose of preserving the claims for division of property following judicial divorce.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
CHAPTER IV PARENTS AND CHILDREN
SECTION 1 Children of Natural Parent
 Article 844 (Presumption as Husband's Child)  Printed articles
(1)A child conceived by a wife during the marriage shall be presumed to be the child of the wife's husband.
(2)A child born after two hundred days from the day when the marriage was formed or born within three hundred days from the day when the matrimonial relation was terminated, shall be presumed to have been conceived during the marriage.
 Article 845 (Determination of Paternity by Court)  Printed articles
If a woman who has remarried gives birth to a child, and it is impossible to determine the father of the child in accordance with the provisions of Article 844, the court shall, upon the application of the party concerned, determine the paternity of the child. <Amended by Act No. 7427, Mar. 31, 2005>
 Article 846 (Denial of Paternity of Child)  Printed articles
Either of husband and wife may, in any case mentioned in Article 844, bring an action to deny that he is the natural father of the child. <Amended by Act No. 7427, Mar. 31, 2005>
 Article 847 (Action of Denial of Paternity)  Printed articles
(1)The action of denial of paternity shall be brought by the husband or wife against the other spouse or the child within two years from the day when he or she becomes aware of the cause of the action.
<<This paragraph is amended by Act No. 7427, March 31, 2005 pursuant to the decision of incompatibility with the Constitution which was made by the Constitutional Court on March 27, 1997>>
(2)In the case of paragraph (1), if both of the other spouse and the child against whom the action is to be brought has died, the action of denial of paternity may be brought against a public prosecutor within two years from the day on which he or she becomes aware of the death.
[This Article Wholly Amended by Act No. 7427, Mar. 31, 2005]
 Article 848 (Adult Guardianship and Action of Denial of Paternity)  Printed articles
(1)If either of the husband or wife is an adult ward, his or her adult guardian may, upon the consent of the supervisor of adult guardianship, bring an action of denial of paternity of a child. If he or she has no supervisor of guardianship or fails to obtain the supervisor's consent, he or she may request the Family Court to grant an approval substituting for such consent.
(2)In cases falling paragraph (1), if the adult guardian has not brought an action of denial of paternity, the adult ward may bring the action of denial of paternity within two years after the adjudication on the termination of adult guardianship is made.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 849 (Denial of Paternity after Death of Child)  Printed articles
If any lineal descendant of a child survives after the death of the child, the husband may bring an action of denial against the child's mother, or if the mother does not survive, against the public prosecutor.
 Article 850 (Denial of Paternity by Will)  Printed articles
If the husband or wife has expressed an intention of denial of paternity by will, the executor of the will shall bring an action of denial of paternity. <Amended by Act No. 7427, Mar. 31, 2005>
 Article 851 (Death of Husband before Birth of Child, etc. and Denial of Paternity)  Printed articles
If the husband dies before the birth of a child or the husband or wife dies within the period mentioned in Article 847 (1), only the lineal ascendant or lineal descendant of the husband or wife may bring an action of denial of paternity within two years from the day on which he or she becomes aware of the death.
[This Article Wholly Amended by Act No. 7427, Mar. 31, 2005]
 Article 852 (Extinction of Right of Denial of Paternity)  Printed articles
Any person who recognizes the paternity of a child after the child is born may not bring an action of denial of the paternity again.
[This Article Wholly Amended by Act No. 7427, Mar. 31, 2005]
 Article 853 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 854 (Revocation of Recognition caused by Fraud or Duress)  Printed articles
Recognition mentioned in Article 852 caused by fraud or duress shall be revocable. <Amended by Act No. 7427, Mar. 31, 2005>
 Article 855 (Affiliation)  Printed articles
(1)A child born out of wedlock may be affiliated by its natural father or mother. When the marriage of the parent becomes null and void, the child born between them shall be deemed to be a child born out of wedlock.
(2)A child born out of wedlock, when its father and mother marry, shall be deemed to be a child born during the marriage from the time of the marriage.
 Article 856 (Affiliation by Adult Ward)  Printed articles
If a father is an adult ward, he may affiliate himself as being the father of his child with the consent of the adult guardian.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 857 (Affiliation of Deceased Child)  Printed articles
Even after a child has died, if its lineal descendant survives, it may be affiliated as the lawful child.
 Article 858 (Affiliation of Unborn Child)  Printed articles
A father may affiliate an unborn child.
 Article 859 (Effectiveness of Affiliation)  Printed articles
(1)Affiliation shall become effective when it is reported in accordance with the provisions of the Act on the Registration, etc. of Family Relationship<Amended by Act No. 8435, May 17, 2007>
(2)Affiliation may be effected by a will. In this case, the executor of a will shall make such report.
 Article 860 (Retrospective Effect of Affiliation)  Printed articles
Affiliation shall be retrospectively effective from the time of birth of the child: Provided, That the right acquired by a third person shall not be prejudiced thereby.
 Article 861 (Revocation of Affiliation)  Printed articles
If affiliation has been made by fraud, duress or grave mistake, its revocation may be claimed to the Family Court within six months from the day when such fraud or mistake becomes known, or such duress disappears. <Amended by Act No. 7427, Mar. 31, 2005>
 Article 862 (Action of Demurrer against Affiliation)  Printed articles
A child or any other person interested may bring an action of demurrer against an affiliation within one year from the day when it becomes aware of a report of such affiliation.
 Article 863 (Action Demanding Affiliation)  Printed articles
A child, any of its lineal descendants or the legal representative of any of them, may bring an action against its father or mother demanding affiliation by its father or mother.
 Article 864 (Death of Father or Mother and Action Demanding Affiliation)  Printed articles
In the cases mentioned in Articles 862 and 863, if the father or mother of a child has died, an action of demurrer or action demanding affiliation may be brought against the public prosecutor within two years from the day when the death of the father or mother becomes known. <Amended by Act No. 7427, Mar. 31, 2005>
 Article 864-2 (Affiliation and Responsibility of Fostering Child, etc.)  Printed articles
The provisions of Articles 837 and 837-2 shall apply mutatis mutandis with respect to the responsibility of fostering a child and the visitation right in the case of the affiliation of the child.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]
 Article 865 (Action Demanding Confirmation of Denial or Existence of Paternity due to Any Other Reasons)  Printed articles
(1)A person who may bring an action in accordance with the provisions of Articles 845846848850851862 and 863, may bring an action demanding confirmation of denial or the existence of paternity for any reason other than those mentioned in the aforesaid Articles.
(2)In the cases mentioned in paragraph (1), if the party concerned has died, the other party may bring an action against the public prosecutor within two years from the day when it becomes aware of such death. <Amended by Act No. 7427, Mar. 31, 2005>
SECTION 2 Adopted Children
Sub-Section 1 Requisites for, and Effect of, Adoption
 Article 866 (Capacity for Adoption)  Printed articles
Anyone who has attained majority may adopt another as his or her child.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 867 (Permission from Family Court for Adoption of Minor)  Printed articles
(1)Anyone who intends to adopt a minor shall obtain permission from the Family Court.
(2)The Family Court may choose not to grant permission under paragraph (1) for the sake of the welfare of a minor to be adopted, taking into consideration the situation of the minor's fostering, the motives of such adoption, the prospective parents' competence for fostering the minor, and other circumstances.
[This Article Newly Inserted by Act No. 11300, Feb. 10, 2012]
 Article 868 Deleted.<by Act No. 4199, Jan. 13, 1990>  Printed articles
 Article 869 (Declaration of Intent to Adopt)  Printed articles
(1)If a person to be adopted is a minor of at least 13 years of age, the adoption shall be granted with the consent of his or her legal representative.
(2)If a person to be adopted is a minor under 13 years of age, his or her legal representative shall permit the adoption on his or her behalf.
(3)In any of the following circumstances, the Family Court may permit adoption under Article 867 (1) even if the consent under paragraph (1) or the permission under (2) has not been obtained:
1.Where the legal representative refuses to give his or her consent or permit without any just ground: Provided, That where the legal representative is the person with parental rights, he or she shall fall under any cause prescribed in Article 870 (2);
2.Where the consent or permission is unable to be obtained due to the unknown whereabouts of the legal representative or by any other cause.
(4)In cases falling under paragraph (3) 1, the Family Court shall examine the legal representative.
(5)The consent under paragraph (1) or the permission under paragraph (2) may be withdrawn before the adoption is permitted under Article 867 (1).
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 870 (Parents' Consent to Adoption of Minor)  Printed articles
(1)The adoption of a minor shall require consent of his or her parents: Provided, That the same shall not apply in any of the following circumstances:
1.Where the parents have given consent under Article 869 (1) or permission under Article 869 (2);
2.Where the parents have been declared to lose parental authority;
3.Where he or she has not been able to obtain consent from his or her parents due to the reasons such as the unknown whereabouts of the parents, etc.
(2)Even if the parents refuse to give their consent, the Family Court may permit adoption under Article 867 (1) where any of the following causes arises. In such cases, the Family Court shall examine the parents:
1.If the parents have failed to perform their duty to foster the child for at least three years;
2.If the parents have abused or deserted the child or otherwise have severely impaired the welfare of the child.
(3)The consent referred to in paragraph (1) may be withdrawn before the permission for adoption is granted under Article 867 (1).
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 871 (Consent from Parents for Adoption of Adult)  Printed articles
(1)The adoption of an adult shall require the consent of his or her parents: Provided, That the same shall not apply where the consent is unable to be obtained due to the reasons such as the unknown whereabouts of the parents.
(2)If the parents refuse to give their consent without any justifiable ground, the Family Court may make an adjudication substituting for the consent of the parents upon the application of a prospective adoptive parent or adopted child. In such cases, the Family Court shall examine the parents.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 872 Deleted.<by Act No. 11300, Feb. 10, 2012>  Printed articles
 Article 873 (Adoption of Adult Ward)  Printed articles
(1)An adult ward may, upon the consent of his or her guardian, adopt a child or may be adopted by another.
(2)Article 867 shall apply mutatis mutandis where an adult ward adopts a person or becomes an adoptee.
(3)If an adult guardian refuses to give consent referred to in paragraph (1) or if the parents of the adult ward refuse to give consent referred to in Article 871 (1) without any justifiable ground, the Family Court may grant permission for the adoption even without such consent. In such cases, the Family Court shall examine the parents.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 874 (Joint Adoption by Husband and Wife)  Printed articles
(1)When a person who has a spouse, adopts a child, he or she shall do so jointly with his or her spouse.
(2)When a person who has a spouse, is adopted, he or she shall obtain the consent of the spouse.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 875 Deleted.<by Act No. 4199, Jan. 13, 1990>  Printed articles
 Article 876 Deleted.<by Act No. 4199, Jan. 13, 1990>  Printed articles
 Article 877 (Prohibition of Adoption)  Printed articles
No ascendant or person of elder age shall be adopted.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 878 (Formation of Adoption)  Printed articles
An adoption shall take effect when it is reported, as prescribed by the Act on the Registration, etc. of Family Relationship.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Articles 879 and 880 Deleted.<by Act No. 4199, Jan. 13, 1990>  Printed articles
 Article 881 (Examination of Adoption Reports)  Printed articles
An adoption report shall be accepted unless the adoption is in violation of Articles 866867869 through 871873874877 and any other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 882 (Adoption Reports in Foreign Country)  Printed articles
Article 814 shall apply mutatis mutandis to the filing of an adoption report in a foreign country.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 882-2 (Effect of Adoption)  Printed articles
(1)An adopted child shall have the status equal to that of a natural child of the adoptive parent from the time he or she becomes an adoptee.
(2)The kinship of an adoptee shall continue to exist even after the adoption.
[This Article Newly Inserted by Act No. 11300, Feb. 10, 2012]
Sub-Section 2 Nullity and Annulment of Adoption
 Article 883 (Causes for Nullity of Adoption)  Printed articles
An adoption shall be null and void in any of the following circumstances:
1.Where the parties have not agreed on the adoption;
2.Where the adoption is in violation of Article 867 (1) (including the cases applied mutatis mutandis under Article 873 (2)), 869 (2) or 877.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 884 (Causes for Annulment of Adoption)  Printed articles
(1)If an adoption falls under any of the following cases, a claim for annulment may be made to the Family Court:
1.Where the adoption is in violation of Articles 866869 (1) or (3) 2, 870 (1), 871 (1), 873 (1) or 874;
2.Where there is no knowledge of the fact, at the time of adoption, that either of the adoptee or the adoptive parent has been suffering from a malignant disease or has had any other serious cause;
3.Where an intent to adopt was expressed by fraud or duress.
(2)Article 867 (2) shall apply mutatis mutandis to the annulment of an adoption.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 885 (Claimants for Annulment of Adoption)  Printed articles
The adoptive parent, adopted child or his or her legal representative or lineal blood relative may claim annulment of the adoption made in violation of Article 866.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 886 (Claimants for Annulment of Adoption)  Printed articles
An adoptee or a person entitled to give consent to the adoption may claim annulment of the adoption made in violation of Article 869 (1) or (3) 2, or 870 (1), and a person entitled to give consent to the adoption may claim annulment of the adoption made in violation of Article 871 (1).
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 887 (Claimants for Annulment of Adoption)  Printed articles
An adult ward or adult guardian may claim annulment of the adoption made in violation of Article 873 (1).
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 888 (Claimants for Annulment of Adoption)  Printed articles
The spouse may claim annulment of the adoption made in violation of Article 874.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 889 (Extinction of Right to Claim for Annulment of Adoption)  Printed articles
No claim shall be made for annulment of the adoption made in violation of Article 866, if the adoptive parents reach their majority.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 890 Deleted.<by Act No. 4199, Jan. 13, 1990>  Printed articles
 Article 891 (Extinction of Right to Claim for Annulment of Adoption)  Printed articles
(1)If three months elapse after an adoptee has attained majority or if an adoptee dies, no claim for annulment of the adoption made in violation of Article 869 (1) or (3) 2, or 870 (1) shall be made.
(2)If an adoptee dies, no claim for annulment of the adoption made in violation of Article 871 (1) shall be made.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 892 Deleted.<by Act No. 11300, Feb. 10, 2012>  Printed articles
 Article 893 (Extinction of Right to Claim for Annulment of Adoption)  Printed articles
If three months elapse after the commencement of adult guardianship has been revoked, no claim for annulment of the adoption made in violation of Article 873 (1) shall be made.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 894 (Extinction of Right to Claim for Annulment of Adoption)  Printed articles
If the adoption is in violation of Article 869 (1) or (3) 2, 870 (1), 871 (1), 873 (1), or 874, no claim for annulment may be made after six months lapse from the day the adoptive parent becomes aware of the cause thereof, or after one year lapses from the day the cause thereof arises.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 895 Deleted.<by Act No. 4199, Jan. 13, 1990>  Printed articles
 Article 896 (Extinction of Right to Claim for Annulment of Adoption)  Printed articles
No claim for annulment of the adoption that falls under any cause prescribed in Article 884 (1) 2 shall be made, if six months elapse from the day either the adoptive parent or adoptee becomes aware of the cause thereof.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 897 (Provisions to be Applied Mutatis Mutandis)  Printed articles
Article 806 shall apply mutatis mutandis to the claims for damages from the nullity or annulment of adoption, Article 823 to the extinction of the right to claim annulment of adoption made by fraud or duress, Article 824 to the effect of annulment of adoption.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
Sub-Section 3 Dissolution of Adoptive Relation
Sub-Subsection 1 Dissolution of Adoptive Relation by Agreement
 Article 898 (Dissolution of Adoptive Relation by Agreement)  Printed articles
The adoptive parent and the adoptee may, by agreement, dissolve the adoptive relation: Provided, That same shall not apply where the adoptee is a minor or adult ward.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 899 Deleted.<by Act No. 11300, Feb. 10, 2012>  Printed articles
 Article 900 Deleted.<by Act No. 11300, Feb. 10, 2012>  Printed articles
 Article 901 Deleted.<by Act No. 11300, Feb. 10, 2012>  Printed articles
 Article 902 (Dissolution of Adoptive Relation by Agreement for Adult Ward)  Printed articles
The adoptive parent who is an adult ward may enter into a consultation for dissolution of adoptive relation upon the consent of the adult guardian.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 903 (Examination of Reports on Dissolution of Adoptive Relation)  Printed articles
A report on dissolution of the adoptive relation shall be accepted unless the dissolution is in violation of Article 898902 or any other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 904 (Provisions to be Applied Mutatis Mutandis)  Printed articles
Article 823 shall apply mutatis mutandis to the extinction of the right to claim the annulment of adoption by fraud or duress, and Article 878 shall apply mutatis mutandis to the formation of dissolution of adoptive relation by agreement.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
Sub-Subsection 2 Judicial Dissolution of Adoptive Relation
 Article 905 (Causes for Judicial Dissolution of Adoptive Relation)  Printed articles
The adoptive parent, the adoptee or a person entitled to claim under Article 906 may claim for dissolution of adoptive relation in any of the following circumstances:
1.If the adoptive parent has abused or deserted the adoptee or otherwise has severely impaired the welfare of the adoptee;
2.If the adoptive parent has been extremely maltreated by the adoptee;
3.If the death or life of the adoptive parent or adoptee has been unknown for at least three years;
4.If there exists any other serious cause making it impracticable to continue the adoptive relationship.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 906 (Person Entitled to Claim for Dissolution of Adoptive Relation)  Printed articles
(1)If an adoptee is under 13 years of age, the person who has given permission under Article 869 (2) may claim for the dissolution of adoptive relation on behalf of the adoptee: Provided, That if there is no person entitled to claim dissolution of adoptive relation, a relative of the adoptee prescribed in Article 777 or an interested person may make a claim therefor.
(2)If an adoptee is a minor who is at least 13 years of age, the claim for dissolution of adoptive relation may be made with the consent of the parents who have given the consent under Article 870 (1): Provided, That if the parents have died or if the parents are unable to give such consent due to any other cause, the claim for dissolution of adoptive relation may be made without such consent.
(3)If the adoptive parent or adoptee is an adult ward, the claim for dissolution of adoptive relation may be made with the consent of the adult guardian.
(4)A public prosecutor may claim for the dissolution of adoptive relation for an adoptee who is a minor or adult ward.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 907 (Extinction of Right to Claim for Dissolution of Adoptive Relation)  Printed articles
No person entitled to claim for the dissolution of adoptive relation shall claim for the dissolution of adoptive relation, if six months elapse from the day the person becomes aware of any cause prescribed in subparagraph 1, 2 or 4 of Article 905, or if three years elapse from the day such cause arises.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 908 (Provisions to be Applied Mutatis Mutandis)  Printed articles
Article 806 shall apply mutatis mutandis to the claims for damages from the judicial dissolution of adoptive relation.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
Sub-Section 4 Full Adoption
 Article 908-2 (Requisites, etc. for Full Adoption)  Printed articles
(1)Any person who intends to make the full adoption of a child shall make a request to the Family Court for such full adoption upon meeting all of the following requirements:
1.The adoption shall be made jointly by the husband and wife who have been married for at least three years: Provided, That this shall not apply where either of the husband and wife who have been married for at least one year or more makes the full adoption of the other spouse's child as his or her one;
2.A child to be fully adopted shall be a minor;
3.Consent to such adoption shall be obtained from the natural parents of a child to be fully adopted: Provided, That the same shall not apply, if the parents are unable to give consent due to the declaration of the loss of parental authority, unknown whereabouts of the parents or by any other cause;
4.If a child to be fully adopted is at least 13 years of age, the adoption shall be permitted with the consent of the child's legal representative;
5.If a child to be fully adopted is under the age of 13, the child's legal representative shall permit the adoption on behalf of the child.
(2)The Family Court may accept the claim made under paragraph (1) even without the consent paragraph (1) 3 or 4 or the permission paragraph (1) 5 in any of the following circumstances. In such cases, the Family Court shall examine the person entitled to consent or permission:
1.Where the legal representative refuses to give consent or permission without any just ground: Provided, That if the legal representative is a person of parental authority, he or she shall have any cause referred to in subparagraph 2 or 3;
2.Where the natural parents have failed to perform the duty to foster the child or to exercise the visitation right for at least three years due to a cause attributable to themselves;
3.Where the natural parents have abused or deserted the child or otherwise have severely impaired the welfare of the child.
(3)The Family Court may reject the request made under paragraph (1) if such full adoption is deemed inappropriate for the welfare of the child to be adopted, taking into consideration the situation of the child's fostering, the motives of such full adoption, the prospective adoptive parents' competence for fostering the child, and other circumstances.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 908-3 (Effect of Full Adoption)  Printed articles
(1)The child adopted through full adoption shall be deemed to be born during the marriage of the adoptive parents.
(2)The kinship of the adopted child before such full adoption shall be terminated at the time such full adoption is decided upon a request made under Article 908-2 (1): Provided, That where one of husband and wife has made the full adoption of the other spouse's child as his or her one independently, the same shall not apply with respect to the relationship of the child with the other spouse and the other spouse's relatives.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]
 Article 908-4 (Annulment, etc. of Full Adoption)  Printed articles
(1)If the natural father or mother of a child to be fully adopted through full adoption fails to give consent referred to in the proviso to Article 908-2 (1) 3 due to any cause not attributable to himself or herself, he or she may make a request to the Family Court for annulment of such full adoption within six months from he or she becomes aware of such adoption.
(2)Articles 883 and 884 shall not apply to full adoption.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 908-5 (Dissolution of Full Adoption)  Printed articles
(1)The adoptive parent, adopted child, natural father or mother, or public prosecutor may apply to the Family Court for the dissolution of the full adoption in any of the following circumstances:
1.Where the adoptive parent has abused or deserted the adopted child or otherwise has severely impaired the welfare of the adopted child; and
2.Where it is impossible to maintain the relation of the full adoption due to any act of immoral conduct which the adopted child has committed against the adoptive parent.
(2)The provisions of Articles 898 and 905 shall not apply with respect to the dissolution of full adoption.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]
 Article 908-6 (Provisions to be Applied Mutatis Mutandis)  Printed articles
Article 908-2 (3) shall apply mutatis mutandis to the annulment of full adoption or the request for dissolution of full adoption under Article 908-5 (1) 2. <Amended by Act No. 11300, Feb. 10, 2012>
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]
 Article 908-7 (Effect of Annulment and Dissolution of Full Adoption)  Printed articles
(1)If a full adoption is annulled or dissolved, the adoptive relation shall be terminated and the relationship of relatives before such full adoption shall be reestablished.
(2)In cases falling under paragraph (1), the annulment of full adoption shall not be effective, retroactively.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]
 Article 908-8 (Provisions to be Applied Mutatis Mutandis)  Printed articles
Except as otherwise expressly provided for in this Sub-Section, the provisions concerning adoption shall apply mutatis mutandis to full adoption unless they are contrary to the nature of such full adoption.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]
SECTION 3 Parental Authority
Sub-Section 1 General Provisions
 Article 909 (Custodian)  Printed articles
(1)Parents shall have the parental authority of their minor child. In cases of an adopted child, the adoptive parents shall have the parental authority. <Amended by Act No. 7427, Mar. 31, 2005>
(2)The parental authority shall be jointly exercised by both parents during their marriage. If the parents fail to reach an agreement, the Family Court shall determine it upon the request of the parties.
(3)When one parent is unable to exercise the parental authority, the other shall exercise it.
(4)If a child born out of wedlock is legally recognized and his parents are to be divorced, the custodian shall be determined by an agreement between the parents, and, if such agreement cannot or would not be made, the Family Court shall designate the custodian upon the request of the parties or ex officio: Provided, That if the agreement between the parents harms children's welfare, the Family Court shall order to correct it or ex officio decide the custodian. <Amended by Act No. 7427, Mar. 31, 2005; Act No. 8720, Dec. 21, 2007>
(5)In cases of the annulment of marriage, judicial divorce, or action demanding affiliation, the Family Court shall ex officio determine the custodian. <Amended by Act No. 7427, Mar. 31, 2005>
(6)The Family Court may, if deemed necessary for the welfare of a child, alter the person of the parental authority to the other party upon request of a relative of the child within the fourth degree of relationship. <Newly Inserted by Act No. 7427, Mar. 31, 2005>
[This Article Wholly Amended by Act No. 4199, Jan. 13, 1990]
 Article 909-2 (Designation, etc. of Person of Parental Authority)  Printed articles
(1)If a parent designated as the sole person of parental authority under Article 909 (4) through (6) has died, the surviving father or mother, the minor, or any of the minor's relatives may request the Family Court to designate the surviving father or mother as a person of parental authority, within one month after becoming aware of such fact or within six months from the date of death.
(2)If the adoption has been annulled or dissolved, or if both adoptive parents have died, one or both natural parents, the minor, or any of the minor's relatives may request the Family Court to designate one or both natural parents as a person or persons of parental authority, within one month after becoming aware of such fact or within six months from the date on which the adoption has been annulled or dissolved or both adoptive parents have died: Provided, That the same shall not apply where both adoptive parents of the fully adopted child have died.
(3)If no request for designation of a person of parental authority has been made within the period prescribed in paragraph (1) or (2), the Family Court may appoint a guardian of the minor either ex officioor upon the application of the minor, any of the minor's relatives, an interested person, a public prosecutor or the head of a local government. In such cases, he or she shall be given an opportunity to state his or her opinions unless the whereabouts of the surviving father or mother or one or both natural parents are unknown or where he or she fails to respond to a summon without any justifiable ground.
(4)The Family Court may reject the request for designation of a person of parental authority under paragraph (1) or (2) or for appointment of a guardian under paragraph (3), if such request is deemed inappropriate for the welfare of the minor, taking into consideration the intent and competence of the surviving father or mother or one or both natural parents for fostering the minor, motives of such request, intent of the minor and other circumstances. In such cases, the Family Court may appoint ex officioa guardian of the minor or designate the surviving father or mother or one or both natural parents as a person or persons of parental authority.
(5)The Family Court may appoint a person to perform the duties of the person of parental authority or guardian of the minor until the person of parental authority is designated or the guardian of the minor is appointed under paragraph (1) through (4), either ex officioor upon the application of the minor, any of the minor's relatives, an interested person, a public prosecutor or the head of a local government in any of the following circumstances. In such cases, Articles 25 and 954 shall apply mutatis mutandis to a person to perform such duties:
1.Where a sole person of parental authority has died;
2.Where the adoption has been annulled or dissolved;
3.Where both adoptive parents have died.
(6)Even if the guardian of a minor has been appointed under paragraph (3) or (4), the Family Court may terminate the guardianship upon the application of the surviving father or mother, one or both natural parents, or the minor, if necessary for the welfare of the minor, taking into consideration the situation of the minor's fostering, the changes in the competence for fostering the minor after the appointment of the guardian of the minor, the intent of the minor, and other circumstances, and designate the surviving father or mother or one or both natural parents as a person or persons of parental authority.
[This Article Newly Inserted by Act No. 10645, May 19, 2011]
 Article 910 (Exercise of Child's Parental Authority)  Printed articles
A person of parental authority shall exercise, in place of the child subject to his or her parental authority, parental authority over children of such child. <Amended by Act No. 7427, Mar. 31, 2005>
 Article 911 (Legal Representative of Minor Child)  Printed articles
The parent who exercises parental authority shall become the legal representative of his or her minor child.
 Article 912 (Exercise of Parental Authority and Standards for Designation of Person of Parental Authority)  Printed articles
(1)In exercising parental authority, priority shall be given to the welfare of a child.
(2)In designating a person of parental authority, the Family Court shall give priority to the welfare of a child. For such purpose, the Family Court may seek counsel from experts in the related fields or social welfare agencies. <Newly Inserted by Act No. 10645, May 19, 2011>
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]
Sub-Section 2 Effect of Parental Authority
 Article 913 (Rights and Duties to Protect and Educate Child)  Printed articles
A person of parental authority shall have rights and duties to protect and educate his or her child.
 Article 914 (Right to Designate Place of Residence)  Printed articles
A child shall reside at a place designated by a person of parental authority.
 Article 915 (Right to Take Disciplinary Action)  Printed articles
The person of parental authority may, in order to protect or educate his or her child, take necessary disciplinary action against the child, and may entrust such child to a reformatory or correctional institution upon the approval of the court.
 Article 916 (Child's Peculiar Property and Management thereof)  Printed articles
Any property acquired under the name of a child shall be peculiar property of the child, and such property shall be managed by the person of parental authority who is the legal representative of the child.
 Article 917 Deleted.<by Act No. 4199, Jan. 13, 1990>  Printed articles
 Article 918 (Management of Property Gifted to Child by Third Party)  Printed articles
(1)If a third party, in gifting a property to a child, has declared an intention to oppose the management of the property by the person of parental authority, the person of parental authority shall not manage the property.
(2)If, in case of paragraph (1), the third party has not designated a manager for the property, the court will appoint a manager upon the application of the child to whom the property has been gifted, or of any of its relatives pursuant to the provisions of Article 777.
(3)The same shall apply as prescribed in the preceding paragraph if, where the authority of the manager designated by the third party has been terminated, or if it becomes necessary to change manager, but the third party fails to appoint a new manager.
(4)The provisions of Article 24 (1), (2) and (4), former part of Article 25 and Article 26 (1) and (2) shall apply mutatis mutandis to the cases of paragraphs (2) and (3).
 Article 919 (Mutatis Mutandis Application of Provisions concerning Mandate)  Printed articles
The provisions of Articles 691 and 692 shall apply mutatis mutandis to the cases of property management as provided in Articles 916917, and 918.
 Article 920 (Right of Representation by Person of Parental Authority with respect to Child's Property)  Printed articles
The person of parental authority who is the legal representative of the child shall represent the child on juristic acts concerning the property of the child: Provided, That if an obligation is to be assumed requires any act of the child the consent of the child itself shall be obtained.
 Article 920-2 (Effect of Act done under Joint Names by One of Persons of Joint Parental Authority)  Printed articles
If both parents have parental authority, and one parent, under the names of both parents, represents its child or consents to a juristic act of the child, such representation or consent shall be valid even though it is contrary to the intention of the other parent except for the case where the other party is in bad faith.
[This Article Newly Inserted by Act No. 4199, Jan. 13, 1990]
 Article 921 (Acts of Conflicting Interest between Person of Parental Authority and Child, or among Children)  Printed articles
(1)If a person of parental authority, who is the legal representative of a child, is to perform acts of conflicting interest between himself or herself and his or her child, he or she shall apply to the court for appointment of a special representative on behalf of the child.
(2)Where a person of parental authority, who is the legal representative of children, is to perform acts in which the interests of one child conflict with those of the other child or children, the person of parental authority shall, on behalf of one party, apply to the court for appointment of a special representative. <Amended by Act No. 7427, Mar. 31, 2005>
 Article 922 (Duty of Person of Parental Authority to Pay Due Care and Diligence)  Printed articles
If a person of parental authority exercises the right of representation on juristic acts or the right of property management for the children under his or her parental authority, he or she shall exercise such authority with the same care and diligence as he or she would do so on any acts regarding his or her own property.
 Article 923 (Account of Property Management)  Printed articles
(1)When the parental authority of a person who is the legal representative of a child has been extinguished, the person who has been exercising parental authority shall render an account of the property management of the child.
(2)In case of paragraph (1), the benefits accrued from the child's property shall be deemed to have been set-off against the expenses from bringing up the child and from managing the property: Provided, That this shall not apply to a property with which a third party, in gifting it to the child, has declared an intention contrary to such set-off.
Sub-Section 3 Loss of Parental Authority
 Article 924 (Adjudication on Loss of Parental Authority)  Printed articles
If a parent abuses parental authority or is guilty of gross misconduct, or there exists any other serious reason for not allowing the parent to exercise parental authority, the court may, upon the application of any of the child's relatives pursuant to the provisions of Article 777 or of a public prosecutor, adjudge the loss of parental authority.
 Article 925 (Adjudication on Loss of Rights to Representation and Property Management)  Printed articles
If a person of parental authority who is a child's legal representative endangers the property of the child by mismanagement, the Family Court may, upon the application of any of the relatives of the child or a public prosecutor under Article 777, adjudge the loss of the right to representation on juristic acts of the child and the right to management of the child's property.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
 Article 926 (Adjudication on Recovery of Lost Authority)  Printed articles
When the causes mentioned in Articles 924 and 925 have ceased to exist, the court may upon the application of the party concerned or any of its relatives pursuant to the provisions of Article 777, adjudge the recovery of the lost right.
 Article 927 (Surrender and Recovery of Right of Representation and of Property Management)  Printed articles
(1)The person of parental authority who is the legal representative of the child may, if due reasons exist, surrender the right of representation on the juristic act of the child and the right of the management of property of the child upon the approval of the court.
(2)If the circumstances mentioned in paragraph (1) cease to exist, the person of parental authority may, upon the approval of the court, recover the right which he or she has surrendered.
 Article 927-2 (Loss of Parental Authority and Designation, etc. of Person of Parental Authority)  Printed articles
(1)Article 909-2 (1) and (3) through (5) shall apply mutatis mutandis where any of the followings applies to a father or mother who has become a sole person of parental authority or both adoptive parents (excluding adoptive parents of the fully adopted child) under Article 909 (4) through (6): Provided, That in cases falling under subparagraphs 2 and 3, the duties of the newly appointed person of parental authority or the guardian of the minor shall be limited to the acts related to the minor's property:
1.Where the loss of parental authority has been adjudged under Article 924;
2.Where the loss of the right to representation and the right to property management is adjudged under Article 925;
3.Where the right to representation and the right to property management are surrendered under Article 927 (1);
4.Where any serious cause, such as unknown whereabouts, that incapacitates the exercise of the parental authority arises.
(2)If any of the followings applies to a father or mother who has been a sole person of parental authority or one or both adoptive parents after the person of parental authority was designated or the guardian of the minor was appointed under paragraph (1), the Family Court may designate a new person of parental authority upon the application of one or both parents, the minor or any of the minor's relatives:
1.Where the recovery of the lost right is adjudged under Article 926;
2.Where the surrendered right is recovered under Article 927 (2);
3.Where the parental authority becomes exercisable as the father or mother whose whereabouts have been unknown is found or by any other cause.
[This Article Newly Inserted by Act No. 10645, May 19, 2011]
CHAPTER V GUARDIANSHIP
SECTION 1 Guardianship for Minors and Adult Guardianship
Subsection 1 Guardians
 Article 928 (Commencement of Guardianship for Minors)  Printed articles
If there is no person of parental authority over a minor or if a person of parental authority is unable to exercise the right to representation with respect to the juristic acts or the right to property management for the minor, a guardian of the minor shall be appointed.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 929 (Commencement of Guardianship by Adjudication on Commencement of Adult Guardianship)  Printed articles
If an adjudication on the commencement of adult guardianship has been made by the Family Court, an adult guardian shall be appointed over such person who has been adjudicated as such.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 930 (Number of, and Qualification for Guardians)  Printed articles
(1)There shall be no more than one guardian for a minor.
(2)Multiple adult guardians may be appointed for an adult ward, taking into consideration all circumstances concerning the personal affairs and property of the adult ward.
(3)A corporation is also eligible for an adult guardian.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 931 (Designation, etc. of Guardians of Minors by Will)  Printed articles
(1)A parent who exercises parental authority over a minor may designate by will a guardian of the minor: Provided, That the same shall not apply to a person of parental authority who has no right to representation over juristic acts or right to property management.
(2)Even after a guardian of a minor is designated under paragraph (1), the Family Court may, if necessary for the welfare of the minor, terminate the guardianship upon the application of the surviving father or mother or the minor and designate the surviving father or mother as a person of parental authority.
[This Article Wholly Amended by Act No. 10645, May 19, 2011]
 Article 932 (Appointment of Guardians of Minors)  Printed articles
(1)Where no guardian of a minor is designated under Article 931, the Family court shall appoint a guardian of the minor either ex officioor upon the application of the minor, any of the minor's relatives, an interested person, a public prosecutor, or the head of a local government. The same shall also apply where a guardian of a minor becomes absent.
(2)Where it is necessary to appoint a guardian of a minor following an adjudication on the loss of parental authority, right of representation or right to property management, the Family Court shall appoint ex officioa guardian for the minor.
(3)Where a person of parental authority surrenders his or her right of representation and right to property management, he or she shall, without delay, request the Family Court to appoint a guardian for the minor.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 933 Deleted.<by Act No. 10429, Mar. 7, 2011>  Printed articles
 Article 934 Deleted.<by Act No. 10429, Mar. 7, 2011>  Printed articles
 Article 935 Deleted.<by Act No. 10429, Mar. 7, 2011>  Printed articles
 Article 936 (Appointment of Adult Guardians)  Printed articles
(1)An adult guardian referred to in Article 929 shall be appointed ex officio by the Family Court.
(2)If an adult guardian becomes absent due to the death or disqualification, or by any other cause, the Family Court shall also appoint an adult guardian either ex officio or upon the application of the adult ward, any relative of the adult ward, an interested person, a public prosecutor, or the head of a local government.
(3)Even after an adult guardian is appointed, the Family Court may appoint an additional adult guardian either ex officioor upon the application of a person entitled to file an application prescribed in paragraph (2) or an adult guardian, if deemed necessary.
(4)In appointing an adult guardian, the Family Court shall respect opinions of the adult ward, and shall also take into consideration circumstances, such as the health, living relationship and property status of the adult ward, the occupation and experience of a prospective adult guardian, and whether a prospective adult guardian shares any interest with the adult ward (where a corporation is a prospective adult guardian, referring to whether it shares any interest with the adult ward with respect to the types or details of its business, or whether it or its representative shares any interest with the adult ward).
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 937 (Grounds for Disqualification as Guardians)  Printed articles
None of the following persons shall become a guardian:
1.A minor;
2.An adult ward, limited ward, specific ward, or voluntary ward;
3.A person adjudged to commence rehabilitation procedures or declared bankrupt;
4.A person who has been sentenced to suspension of qualification or heavier punishment and is in serving the term of punishment;
5.An legal representative who has been removed by the court;
6.An adult guardian, limited guardian, specific guardian, voluntary guardian or his or her supervisor who has been removed by the court;
7.A person whose whereabouts is unknown;
8.A person who has brought or is bringing an action against the ward, or his or her spouse or any of the lineal blood relatives of such person.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 938 (Right of Representation, etc. of Guardians)  Printed articles
(1)A guardian shall become the legal representative of the ward.
(2)The Family Court may determine the scope of the right of legal representation granted to an adult guardian under paragraph (1).
(3)The Family Court may determine the scope of the authority of an adult guardian under which he or she can make decision on the personal affairs of the adult ward.
(4)Where the scope of the authority of a legal representative under paragraph (2) or (3) becomes inappropriate, the Family Court may modify such scope upon the application of the principal, his or her spouse, any of his or her cousin or closer relatives, the adult guardian, the supervisor of adult guardianship, a public prosecutor, or the head of a local government.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 939 (Resignation of Guardians)  Printed articles
A guardian may resign upon the approval of the Family Court where any just ground exists. In such cases, the guardian shall make a request to the Family Court to appoint a new guardian at the time with his or her submission of resignation.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 940 (Replacement of Guardians)  Printed articles
If the Family Court deems it necessary to replace a guardian for the welfare of the ward, it may replace the guardian eitherex officioor upon the application of the ward, any of the ward's relatives, the supervisor of guardianship, a public prosecutor or the head of a local government.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
Subsection 2 Supervisors of Guardianship
 Article 940-2 (Designation of Supervisors of Guardianship for Minors)  Printed articles
A person entitled to designate the guardian of a minor may designate a supervisor of guardianship for the minor by will.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 940-3 (Appointment of Supervisors of Guardianship for Minors)  Printed articles
(1)Where no supervisor of guardianship for a minor is designated under Article 940-2 and if deemed necessary, the Family Court may appoint a supervisor of guardianship for the minor either ex officioor upon application of the minor, any of the minor's relatives, the guardian of the minor, a public prosecutor, or the head of a local government.
(2)Where a supervisor of guardianship for a minor becomes absent due to the death or disqualification, or by any other cause, the Family Court shall appoint a supervisor of guardianship for the minor either ex officio or upon the application of the minor, any of the minor's relatives, the guardian of the minor, a public prosecutor, or the head of a local government.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 940-4 (Appointment of Supervisors of Adult Guardianship)  Printed articles
(1)The Family Court may appoint a supervisor of adult guardianship either ex officioor upon the application of the adult ward, any of the relatives of the adult ward, the adult guardian, a public prosecutor or the head of a local government, if deemed necessary.
(2)Where a supervisor of adult guardianship becomes absent due to the death or disqualification, or by any other cause, the Family Court shall appoint a supervisor of adult guardianship either ex officioor upon the application of the adult ward, any of the relatives of the adult ward, the adult guardian, a public prosecutor, or the head of a local government.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 940-5 (Grounds for Disqualification as Supervisors of Guardianship)  Printed articles
None of the family members of a guardian under Article 779 shall become a supervisor of guardianship.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 940-6 (Duties of Supervisors of Guardianship)  Printed articles
(1)A supervisor of guardianship shall supervise the affairs of a guardian, and shall file an application for the appointment of a guardian with the Family Court without delay in the event the guardian becomes absent.
(2)If any exigent situation arises to a ward's personal affairs or property, his or her supervisor of guardianship may engage in any act or take any disposition necessary for the protection therefrom.
(3)The supervisor of guardianship shall act for a ward with respect to an act in which the interests of a guardian and the ward conflict each other.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 940-7 (Application Mutatis Mutandis of Provisions Relating to Delegation and Guardian)  Printed articles
Articles 681691692930 (2) and (3), 936 (3) and (4), 937939940947-2 (3) through (5), 949-2955, and 955-2 shall apply mutatis mutandis to supervisors of guardianship.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
Subsection 3 (Duties of Guardians)
 Article 941 (Investigation of Property and Preparation of Inventory)  Printed articles
(1)A guardian shall, without delay, investigate the ward's property, and prepare an inventory of such property within two months: Provided, That this period may be extended with the permission of the court where any justifiable ground exists.
(2)Where a supervisor of guardianship has been appointed, the investigation of property and preparation of the inventory under paragraph (1) shall become void unless conducted with the participation of the supervisor of guardianship.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 942 (Presentation of Claims and Obligations by Guardians)  Printed articles
(1)Where a guardian has a claim against, or is under an obligation towards, the ward, and if a supervisor of guardianship has been appointed, the guardian shall present the details thereof to the supervisor of guardianship before he or she completes the preparation of the inventory.
(2)If a guardian has been negligent in presenting a claim under paragraph (1), notwithstanding his or her awareness of his or her claim against the ward, he or she shall be deemed to have waived the claim.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 943 (Authority of Guardians prior to Completion of Inventory)  Printed articles
Until a guardian has investigated the property and has completed the inventory, he shall not be entitled to exercise his authority with respect to such property, except for urgent necessity: Provided, That this may not be set up against a third person acting in good faith.
 Article 944 (Investigation of Property Acquired by Wards, etc. under Blanket Title)  Printed articles
Articles 941 through 943 shall apply mutatis mutandis where the ward has acquired property under a blanket title after the guardian has assumed office.
 Article 945 (Rights and Duties of Guardians on Status of Minors)  Printed articles
The guardian of a minor shall have the same rights and duties as a person of parental authority with respect to the matters provided for in Articles 913 through 915Provided, That he or she shall obtain the consent from the supervisor of guardianship for a minor, if the minor has such supervisor in any of the following circumstances:
1.Where he or she changes the mode of education, method of fostering, or the place of residence;
2.Where he or she entrusts the ward to a reformatory or correctional institution;
3.Where he or she revokes or restricts business permitted by a person of parental authority.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 946 (Guardianship Limited to Property Management)  Printed articles
Where a person who has parental authority over a minor is unable to exercise parental authority only with respect to the right to representation on juristic acts and the right to property management, the duties of the guardian of a minor shall be limited to the acts concerning the property of the minor.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 947 (Welfare of Adult Wards and Respect of Opinions)  Printed articles
In managing the property and protecting the personal matters of an adult ward, the adult guardian shall manage such affairs in a manner conforming to the ward's welfare considering diverse circumstances. In such cases, the adult guardian shall respect the opinion of the adult ward unless it conflicts with the ward's welfare.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 947-2 (Decisions, etc. on Personal Matters of Adult Wards)  Printed articles
(1)An adult ward shall make a decision independently on his or her personal matters insofar as his or her conditions permit.
(2)Where an adult guardian intends to isolate the adult ward in a psychiatric hospital or any other place to undergo medical treatment, etc., he or she shall obtain permission from the Family Court.
(3)Where an adult ward is unable to give consent to the medical treatment that harms his or her body, the adult guardian may give consent thereto on behalf of the ward.
(4)In cases falling under paragraph (3), if any danger, such as the possibility of death from direct results of the medical treatment or the risk of causing a substantial disability to an adult ward, exists, the adult guardian shall obtain permission from the Family Court: Provided, That he or she may make an expost factorequest for the permission if the delay in medical treatment to be caused by permission procedures is likely to endanger the adult ward's life or cause severe mental and physical disability.
(5)Where an adult guardian intends to conduct the sale, rent, registration of leasehold right, creation of mortgage, termination of lease, extinction of leasehold right with respect to a building where his or her adult ward resides or the land thereof, or intends to engage in any other act corresponding thereto on behalf of his or her adult ward, he or she shall obtain permission from the Family Court.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 948 (Exercise of Parental Authority over Minors)  Printed articles
(1)A guardian of a minor shall exercise parental authority in place of his or her minor ward over a child of the minor ward.
(2)The provisions concerning the duties of guardians of minors shall apply mutatis mutandis to the exercise of parental authority under paragraph (1).
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 949 (Right of Property Management and of Representation)  Printed articles
(1)A guardian shall manage the ward's property and represent the ward in juristic acts concerning the latter's property.
(2)The provisions of the proviso of Article 920 shall apply mutatis mutandis to the juristic acts as mentioned in paragraph (1).
 Article 949-2 (Exercise, etc. of Authority where Adult Ward Has Multiple Guardians)  Printed articles
(1)The Family Court may designate ex officiomultiple adult guardians to exercise their authority jointly or severally by sharing it by the type of affairs.
(2)The Family Court may modify or revoke ex officiothe designation made under paragraph (1).
(3)Where multiple adult guardians need to jointly exercise their authority, if any adult guardian fails to cooperate in the exercise of required authority, such as representation of a juristic act, despite that the interest of their adult ward is likely to be infringed upon, the Family Court may make an adjudication substituting for the declaration of intention of the relevant adult guardian, upon the application of the adult ward, an adult guardian, the supervisor of guardianship or an interested party.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 949-3 (Acts of Conflicting Interests)  Printed articles
Article 921 shall apply mutatis mutandis to a guardian: Provided, That the same shall not apply where a ward has a supervisor of guardianship.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 950 (Acts Requiring Consent of Supervisors of Guardianship)  Printed articles
(1)If a guardian has a supervisor of guardianship, he or she shall obtain the consent of the supervisor of guardianship to engage in any of the following acts on behalf of the ward, or to give consent to engagement in any of the following acts by a minor:
1.A business-related act;
2.Borrowing money;
3.Taking on obligation only;
4.An act which aims at acquisition, forfeit and alteration of a right and title to immovables or important property;
5.Bringing an action to the court;
6.Consultation on acceptance, qualified acceptance or refusal of succession, or division of inherited property.
(2)If a supervisor of guardianship fails to give consent to an act that requires his or her consent despite the risk of infringing on the interests of the ward, the Family Court may, upon the application of a guardian, give permission that substitutes for the consent of the supervisor of guardianship.
(3)When a guardian has done any judicial act that requires the consent of the supervisor of guardianship without obtaining such consent, the ward or supervisor of guardianship may cancel such act.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 951 (Cancellation of Acquisition of Property, etc. of Ward by Transfer)  Printed articles
(1)Where a guardian acquires by transfer a third person's right against the ward, the ward may cancel such acquisition.
(2)If a guardian has a supervisor of guardianship in acquiring a right by transfer under paragraph (1), he or she shall obtain consent of the supervisor, and if he or she fails to obtain such consent, the ward or supervisor of guardianship may make a cancellation.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 952 (Peremptory Notice by other Party on whether to Ratify)  Printed articles
Article 15 shall apply mutatis mutandis to cases falling under Articles 950 and 951.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 953 (Supervision over Guardianship Affairs by Supervisors of Guardianship)  Printed articles
A supervisor of guardianship may request a guardian at any time to submit a report on the performance of his or her duties and to present an inventory of property, and may investigate the status of the ward's property.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 954 (Dispositions concerning Guardianship Affairs by Family Court)  Printed articles
The Family Court may, eitherex officioor upon the application of a ward, a supervisor of guardianship, any of the ward's relatives under Article 777, any other interested persons, a public prosecutor, or the head of a local government, investigate the status of the ward's property, and may order such dispositions as necessary for the management of the ward's property or any other performance of guardian's duties.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 955 (Remuneration for Guardians)  Printed articles
The court may, upon the application of a guardian, allow to the guardian a reasonable remuneration from the ward's property, taking into account the financial capacity of the ward and any other circumstances.
 Article 955-2 (Amount of Expenses Due and Expenses for Performance of Affairs)  Printed articles
Expenses incurred by a guardian in performing guardianship affairs shall be disbursed from the property of the ward.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 956 (Application Mutatis Mutandis of Provisions of Mandate and Parental Authority)  Printed articles
The provisions of Articles 681 and 918 shall apply mutatis mutandis to a guardian.
Subsection 4 Termination of Guardianship
 Article 957 (Termination of Guardianship Duties and Account of Management)  Printed articles
(1)When the duties of a guardian have terminated, the guardian or his or her successor shall render an account on the property of the ward within one month: Provided, That such period may be extended upon the approval of the court if any justifiable ground exists.
(2)The account mentioned in paragraph (1) shall become void unless conducted with the participation of a supervisor of guardianship, if any.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]
 Article 958 (Addition of Interest and Liability for Pecuniary Expenditure)  Printed articles
(1)Money to be paid by a guardian to the ward or vice versa shall bear interest from the day when the account has been closed.
(2)If a guardian has expended the ward's money for its own benefit, such money shall bear interest from the day when the expenditure was made, and if there are any damages incurred to the ward, the guardian shall be liable for such damages.
 Article 959 (Application Mutatis Mutandis of Provisions concerning Mandate)  Printed articles
Articles 691 and 692 shall apply mutatis mutandis to the termination of guardianship.
SECTION 2 Limited Guardianship and Specific Guardianship
 Article 959-2 (Commencement of Limited Guardianship)  Printed articles
If the Family Court adjudges to commence limited guardianship, a person who is so adjudged shall have a limited guardian.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-3 (Appointment, etc. of Limited Guardians)  Printed articles
(1)A limited guardian referred to in Article 959-2 shall be appointed ex officioby the Family Court.
(2)Articles 930 (2) and (3), 936 (2) through (4), 937939940, and 949-3 shall apply mutatis mutandis to a limited guardian.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-4 (Rights to Representation, etc. of Limited Guardians)  Printed articles
(1)The Family Court may adjudge to confer the right to representation on a limited guardian.
(2)Article 938 (3) and (4) shall apply mutatis mutandis to the right to representation, etc. of a limited guardian.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-5 (Supervisors of Limited Guardianship)  Printed articles
(1)The Family Court may appoint a supervisor of limited guardianship either ex officioor upon the application of the limited ward, any of the relatives of the limited ward, the limited guardian, a public prosecutor, or the head of a local government, if deemed necessary.
(2)Articles 681691692930 (2) and (3), 936 (3) and (4), 937939940940-3 (2), 940-5940-6947-2 (3) through (5), 949-2955 and 955-2 shall apply mutatis mutandis to a supervisor of limited guardianship. In such cases, "act for the ward" shall be construed as "act for the limited ward or give consent to engagement in such act by the limited ward".
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-6 (Limited Guardianship Affairs)  Printed articles
Article 681, the proviso to Article 920Articles 947947-2949949-2949-3950 through 955, and 955-2 shall apply mutatis mutandis to limited guardianship affairs.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-7 (Termination, etc. of Duties of Limited Guardians)  Printed articles
Articles 691692957, and 958 shall apply mutatis mutandis where the duties of a limited guardian are terminated.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-8 (Protective Measures Related to Specific Guardianship)  Printed articles
The Family Court may order a disposition necessary for supporting a specific ward.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-9 (Appointment, etc. of Specific Guardians)  Printed articles
(1)The Family Court may, by a disposition ordered under Article 959-8, appoint a specific guardian to support, or to act for, a specific ward.
(2)Articles 930 (2) and (3), 936 (2) through (4), 937939, and 940 shall apply mutatis mutandis to a specific guardian.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-10 (Supervisors of Specific Guardianship)  Printed articles
(1)The Family Court may appoint a supervisor of specific guardianship either ex officioor upon the application of the specific ward, any of the relatives of the specific ward, the specific guardian, a public prosecutor, or the head of a local government, if deemed necessary.
(2)Articles 681691692930 (2) and (3), 936 (3) and (4), 937939940940-5940-6949-2955, and 955-2 apply mutatis mutandis to a supervisor of specific guardianship.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-11 (Rights to Representation of Specific Guardians)  Printed articles
(1)The Family Court may adjudge to confer the right to representation on a specific guardian to support a specific ward, setting the period and scope thereof, if deemed necessary.
(2)In cases falling under paragraph (1), the Family Court may order a specific guardian to obtain the consent of the supervisor of specific guardianship to the exercise of his or her right to representation.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-12 (Specific Guardianship Affairs)  Printed articles
Article 681, the proviso to Article 920Articles 947949-2953 through 955, and 955-2 shall apply mutatis mutandis to specific guardianship affairs.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-13 (Termination, etc. of Duties of Specific Guardians)  Printed articles
Articles 691692957, and 958 shall apply mutatis mutandis where the duties of a specific guardian is terminated.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011
SECTION 3 Guardianship Contracts
 Article 959-14 (Meaning, Method, etc. of Contracting Guardianship)  Printed articles
(1)The contents of a guardianship contract shall be to entrust all or some of a person's affairs related to property management and protection of private matters to another person where the person is in the state of lacking the capacity to manage the affairs due to a disease, disability, old age or by any other cause or to prepare for the possibility of falling under such situation, and to confer the right to representation with respect to the entrusted affairs on another person.
(2)A guardianship contract shall be entered into in an authentic deed.
(3)A guardianship contract shall take effect at the time the Family Court appoints a supervisor of voluntary guardianship.
(4)In implementing and managing a guardianship contract, the Family Court, a voluntary guardian, a supervisor of a voluntary guardian, etc. shall respect the wishes of the principal to the greatest extent possible.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-15 (Appointment of Supervisors of Voluntary Guardianship)  Printed articles
(1)Where a guardianship contract is registered and the principal is deemed in the state of lacking capacity to mange his or her affairs, the Family Court shall appoint a supervisor of voluntary guardianship upon the application of the principal, his or her spouse, any of the first cousins or closer relatives, the voluntary guardian, a public prosecutor, or the head of a local government.
(2)In cases falling under paragraph (1), where the Family Court appoint a supervisor of voluntary guardianship upon the application of a person who is not the principal, it shall obtain the consent from the principal in advance: Provided, That this shall not apply where the principal is unable to declare his or her intention.
(3)Where a supervisor of voluntary guardianship becomes absent, the Family Court shall appoint a supervisor of voluntary guardianship either ex officio or upon the application of the principal, any of his or her relatives, the voluntary guardian, a public prosecutor, or the head of a local government.
(4)Where deemed necessary even after a supervisor of voluntary guardianship is appointed, the Family Court may appoint an additional supervisor of voluntary guardianship either ex officioor upon the application of a person entitled to file an application under paragraph (3).
(5)Article 940-5 shall apply mutatis mutandis to a supervisor of voluntary guardianship.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-16 (Duties, etc. of Supervisors of Voluntary Guardianship)  Printed articles
(1)A supervisor of voluntary guardianship shall supervise the affairs of the voluntary guardian and file a periodic report thereon to the Family Court.
(2)If deemed necessary, the Family Court may require a supervisor of voluntary guardianship to file a report on the affairs related to supervision, and to conduct an examination on the affairs of the supervisor of voluntary guardianship or on the status of the principal's property or to take other necessary measures with respect to the duties of the supervisor of voluntary guardianship.
(3)Articles 940-6 (2) and (3), 940-7 and 953 shall apply mutatis mutandis to supervisors of voluntary guardianship.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-17 (Restrictions, etc. on Commencement of Voluntary Guardianship)  Printed articles
(1)If a voluntary guardian is a person who falls under any subparagraph of Article 937 or otherwise a person who has committed a significant misdeed or a person in whose case any ground for his or her inappropriateness for the affairs set forth in the guardianship contract arises, the Family Court shall not appoint a supervisor of voluntary guardianship.
(2)Where an appointed voluntary guardian commits any significant misdeed or otherwise falls under any ground inappropriate for his or her affairs, the Family Court may remove the voluntary guardian from his or her position upon the application of the supervisor of voluntary guardianship, the principal, any relative of the principal, a public prosecutor, or the head of a local government.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-18 (Termination of Guardianship Contracts)  Printed articles
(1)The principal or a voluntary guardian may withdraw his or her declaration of intention by submitting a document certified by a notary public, anytime before a supervisor of voluntary guardianship is appointed,
(2)If a supervisor of voluntary guardian has already been appointed, the principal or the voluntary guardian may terminate the guardianship contract with the permission from the Family Court only when a justifiable ground exists.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-19 (Extinction of Rights to Representation of Voluntary Guardian and Relationship with Third Person)  Printed articles
The extinction of the right to representation of a voluntary guardian shall not oppose against a bona fide third person unless it is registered.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
 Article 959-20 (Relationships between Guardianship Contract and Adult Guardianship, Limited Guardianship and Specific Guardianship)  Printed articles
(1)Where a guardianship has been registered, the Family Court may adjudicate on adult guardianship, limited guardianship or specific guardianship upon the application of a voluntary guardian or a supervisor of voluntary guardianship, only when such guardianship is particularly necessary for the principal's interest. In such cases, the guardianship contract shall be terminated at the time the commencement of adult guardianship or limited guardianship is adjudged for the principal.
(2)If the principal is an adult ward, limited ward or specific ward, the Family Court shall, if it intends to appoint a supervisor of voluntary guardianship, adjudicate on the termination of the former adult guardianship, limited guardianship or specific guardianship: Provided, That where the continuation of adult guardianship or limited guardianship is deemed particularly necessary for the principal's interest, the Family Court shall not appoint a supervisor of voluntary guardianship.
[This Article Newly Inserted by Act No. 10429, Mar. 7, 2011]
CHAPTER VI Deleted.
 Articles 960 and 973 Deleted.<by Act No. 10429, Mar. 7, 2011>  Printed articles
CHAPTER VII SUPPORT
 Article 974 (Duty to Furnish Support)  Printed articles
Relatives falling under each of the following subparagraphs shall be under a duty to furnish support to each other:
1.Among lineal blood relatives and their spouses;
2.Deleted; <by Act No. 4199, Jan. 13, 1990>
3.Among any other relatives (limited to cases where they share living accommodations).
 Article 975 (Duty to Furnish Support and Ability of Living)  Printed articles
A person under duty to furnish support shall perform his or her duty only where the person entitled to receive support is unable to support himself or herself by his or her own financial resources or labor.
 Article 976 (Order to Furnish Support)  Printed articles
(1)In cases where there exist several persons under duty to support, and no agreement has been reached between the parties concerned with respect to the order in which they are to furnish support, such order shall be determined by the court upon the application of the parties concerned. In cases where there exist several persons entitled to get support, and the financial capacity of the person under duty to furnish support is insufficient to support all of them, the same shall apply.
(2)In cases of paragraph (1), the court may select and designate several persons under duty to furnish support, or entitled to get support.
 Article 977 (Extent and Method of Support)  Printed articles
If no agreement has been reached between the parties concerned with respect to the extent and method of support, the court may, upon the application of the parties concerned, determine such matters, taking into account the living standard of the person entitled to get support, the financial capacity of the person under duty to furnish support and any other related circumstances.
 Article 978 (Alteration or Revocation of Support Relation)  Printed articles
If, after an agreement has been reached between the parties concerned, or a court decision has been rendered with respect to the order of persons under obligation to support or persons entitled to get support, or to the extent and method of support, any change has taken place in the circumstances, the court may revoke or alter the agreement or the decision upon the application of the parties concerned.
 Article 979 (Prohibition of Disposition of Claim for Support)  Printed articles
The right to be supported may not be the subject of disposition.
CHAPTER VIII Deleted.
SECTION 1 Deleted.
 Articles 980 through 983 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 981 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 982 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 983 Deleted.<by Act No. 4199, Jan. 13, 1990>  Printed articles
SECTION 2 Deleted.
 Article 984 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 985 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 986 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 987 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 988 Deleted.<by Act No. 4199, Jan. 13, 1990>  Printed articles
 Article 989 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 990 Deleted.<by Act No. 4199, Jan. 13, 1990>  Printed articles
 Article 991 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 992 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 993 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 994 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
SECTION 3-0
 Article 995 Deleted.<by Act No. 7427, Mar. 31, 2005>  Printed articles
 Article 996 Deleted.<by Act No. 4199, Jan. 13, 1990>  Printed articles







← End



[Title]
상속법(민법) 영어본. Korean Succession(Inheritance) law



  Important   58 →   유류분반환청구권    
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  Important   55 →   상속의 포기, 한정승인    
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