Chapter 1 Introduction
Ⅰ.
The significance of the Family Inheritance Act ·································································································· 1
Ⅱ.
Characteristics of the Family Succession Act ··············································································································· 3
1.
Non-calculation? Irrationality / 4
2.
Mandatory Law / 4 3.
Conservatism / 4
Ⅲ.
Source of the Family Succession Act ····················································································· 4
1.
Introduction / 4 2.
Seongmun Family Succession Act / 5
3.
Whether the Domestic Relations Act, etc. is a court / 5
Ⅳ.
The Act on Registration of Family Relations, etc. and the Domestic Relations Litigation Act ·································· 5
1.
Act on Registration of Family Relations, etc. / Article 5 2.
Domestic Litigation Act / 13
V.
Amendments to the Civil Code's Family and Inheritance Sections and Their Contents ·······························································17
1.
Amendments to the Civil Code's Family and Inheritance Sections / 17 2.
Civil Code, Family and Inheritance Section Contents / 20
Ⅵ.
Rights and legal acts under the Family Inheritance Act ·································································································21
1.
Rights under the Family Inheritance Act / 21 2.
Acts under the Family Inheritance Act / 21
Ⅶ.
The Family Succession Act and General Provisions of the Civil Code ·······················································································22

Chapter 2 Law of Family
Section 1 Marriage ··················································································································23
Ⅰ.
Engagement ·············································································································23
1.
The meaning of engagement / 23 2.
Establishment of Engagement / 23
3.
The Effects of Engagement / 25 4.
Breaking the Engagement / 26
Ⅱ.
Establishment of Marriage ·························································································································30
1.
The Meaning of Marriage / 30 2.
Requirements for Marriage / 31
3.
Obstacles to Marriage / 37
Ⅲ.
Invalidity and Annulment of Marriage ··························································································40
1.
Introduction / 40 2.
Invalidity of Marriage / 40 3.
Annulment of Marriage / 48
Ⅳ.
Effects of Marriage ·························································································································55
1.
General Effects / 55 2.
Property Effects (Marital Property System) / 60
V.
This divorce ··········································································································71
1.
Dissolution of Marriage in General / 71 2.
Divorce by Agreement / 73
3.
Divorce in court / 82 4.
The Effects of Divorce / 93
Ⅵ.
Real soul ··························································································································134
1.
Of / 134 2.
Establishment requirements / 134 3.
The Effects of Common-Law Marriage / 135
4.
Dissolution of common-law marriage / 137 5.
Request for Confirmation of Existence of De facto Marital Relationship / 140
Section 2 Parents and Children 143
Ⅰ.
Parent-child relationship ····························································································································143
1.
The meaning and types of parent-child relationships / 143 2.
Surname of biological child / 143
Ⅱ.
Biological child·················································································································146
1.
Children born during marriage / 146 2.
Children born out of wedlock / 158
3.
Petition to Confirm the Existence of a Parent-Child Relationship / 172
4.
Artificial insemination? In vitro fertilization? Surrogacy / 180
Ⅲ.
Both ··························································································································185
1.
Introduction / 185 2.
Establishment of Adoption / 189 3.
Invalidity and Cancellation of Adoption / 200
4.
The Effects of Adoption / 206 5.
Pa Yang / 207 6.
Biologically adopted child / 214
Section 3 Parental Rights .......................................................................................................................... 221
Ⅰ.
Introduction ·············································································································221
Ⅱ.
Parental authority ················································································································222
1.
In case of a child born during marriage / 222 2.
For children born out of wedlock / 225
3.
In the case of both / 225 4.
In cases of parental divorce, etc. / 226
5.
Change of Custody Holder / 227 6.
When there is no designated guardian / 227
7.
Capacity to exercise parental rights / 229 8.
Standards for Exercising Parental Rights and Designating a Parental Authority / 230
Ⅲ.
Contents of parental authority ·······················································································································230
1.
Rights and Obligations Regarding the Status of Children / 230
2.
Children's Rights and Obligations Regarding Property / 232
3.
Trial to Replace Parental Consent / 243
Ⅳ.
Termination, Suspension, Restriction, and Restoration of Parental Rights ·······································································244
1.
Termination of parental rights / 244 2.
Loss of Parental Rights / 244
3.
Suspension of parental rights / 248 4.
Partial Restrictions on Parental Rights / 249
5.
Loss of power of attorney and property management / 251 6.
Preemptive Disposition / 252
7.
Restoration of power / 252 8.
Power of Attorney? Resignation and Restoration of Property Management Rights / 253
9.
When the designated guardian becomes unable to exercise parental rights / 253
Section 4 Guardianship ........................................................................................................................... 254
Ⅰ.
Introduction ·············································································································254
Ⅱ.
Guardianship of Minors and Guardianship of Adults ·································································································255
1.
Commencement of guardianship / 255 2.
Guardian / 258
3.
Guardianship Supervision Agency / 262 4.
Guardianship / 266 5.
Termination of Guardianship / 275
Ⅲ.
Limited guardianship and specific guardianship ·········································································································276
1.
Limited guardianship / 276 2.
Specific Guardianship / 280
Ⅳ.
Guardianship Agreement (Voluntary Guardianship System) ················································································································283
1.
The Meaning of Guardianship Agreements? Legal Nature? Publication / 283
2.
Establishment and Contents of a Guardianship Agreement / 283
3.
Voluntary Guardianship Supervisor / 285 4.
Termination of Guardianship Agreement / 287
5.
The Relationship Between Voluntary and Statutory Guardianship (The Complementarity of Statutory Guardianship) / 288
Section 5 Support .......................................................................................................................... 288
Ⅰ.
Introduction ·············································································································289
1.
Support System / 289 2.
The Nature of Support Claims / 290
Ⅱ.
Dependent Party ·······································································································291
1.
Scope of dependents / 291 2.
Ranking of dependents / 292
Ⅲ.
Degree and method of support ·····················································································································293
Ⅳ.
Past support? Replacement support ······································································295
1.
Past Support / 295 2.
Claim for compensation for the family support / 296
Section 6 Kinship ·················································································································298
Ⅰ.
Introduction ·············································································································298
Ⅱ.
Kinship and kinship ····················································································································298
1.
Kinship / 298 2.
Number of cousins ​​/ 300
Ⅲ.
The meaning and types of kinship ·································································································································301
1.
Blood Relatives / 301 2.
Pretend / 303 3.
Actor / 303
Ⅳ.
Scope of kinship ····················································································································304
V.
The Effect of Kinship ...........................................................................................................304
1.
Effects under civil law / 304 2.
Criminal Law Effects / 306
3.
Effects under the Law of Procedure / 306 4.
Other Legal Effects / 306
Ⅵ.
Abolition of the Australian system and establishment of new family scope regulations ······································································································································307
1.
Abolition of the Australian system / 307 2.
Establishing the Family Scope / 307

Chapter 3 Inheritance Law
Section 1 Introduction ...........................................................................................................................311
Ⅰ.
The meaning of inheritance and inheritance rights ···················································································································311
1.
The meaning of inheritance / 311 2.
The Meaning of Inheritance Rights / 311
Ⅱ.
Types of Inheritance ····················································································································312
1.
Ancestral Inheritance? Australian Inheritance? Property Inheritance / 312
2.
Inheritance during life? Inheritance after death / 312
3.
Statutory inheritance? Testamentary inheritance / 312 4.
Sole Inheritance? Joint Inheritance / 313
5.
Forced inheritance? Voluntary inheritance / 313 6.
Equal Inheritance? Unequal Inheritance / 313
Ⅲ.
Grounds for Inheritance ·······················································································································313
Section 2 Inheritance ...........................................................................................................................314
Chapter 1 Commencement of Inheritance .......................................................................................................................................... 314
Ⅰ.
Causes of commencement of inheritance ...........................................................................................................314
1.
Significance of the commencement of inheritance / 314 2.
Causes of Inheritance Commencement / 314
Ⅱ.
Timing of commencement of inheritance ...........................................................................................................315
1.
Introduction / 315 2.
Specific time / 315
Ⅲ.
Place of commencement of inheritance ································································································································318
Ⅳ.
Costs of Inheritance ····························································································································319
Heirs of the Second Estate ···················································································································· 320
Ⅰ.
Qualifications of heirs ···················································································································320
1.
Inheritance / 320 2.
Disqualification from inheritance / 321
Ⅱ.
Order of Heirs ································································································································328
1.
Introduction / 328 2.
Blood relatives / 329 3.
Spouse Heir / 332
Ⅲ.
Inheritance of the Great Tribunal ····························································································································333
1.
Meaning and nature / 333 2.
This / 334
3.
Re-inheritance / 336 4.
The Effects of Great Inheritance / 337
Article 3 Effect of Inheritance ··················································································································································· 337
Ⅰ.
General Effects ·······················································································································337
1.
The Principle of Comprehensive Succession of Inherited Property / 337
2.
Scope of inheritance / 338 3.
Special Succession of Ritual Property / 345
Ⅱ.
Inheritance Share··················································································································349
1.
Introduction / 349 2.
Statutory inheritance share / 350
3.
Special Beneficiary's Inheritance Share / 351 4.
Contribution / 357
5.
Transfer and Recovery of Inheritance / 367
Ⅲ.
Joint ownership of joint property ··································································································370
1.
The meaning of joint inheritance / 370 2.
The Meaning of "Sharing" in Article 1006 / 370
3.
Specific cases of joint inheritance / 371 4.
Management and Disposition of Joint Inheritance / 373
Ⅳ.
Division of Inheritance ...........................................................................................................375
1.
Introduction / 375 2.
Designated division / 376 3.
Negotiated division / 377
4.
Judgment Division / 383 5.
Effect of Division of Inheritance / 3388
V.
Claim for restoration of inheritance ·················································································································395
1.
Of / 394 2.
Legal nature / 395 3.
Parties / 397
4.
Exercise of the right to claim restoration of inheritance / 402 5.
Extinction of the Right to Claim Recovery of Inheritance / 403
Article 4 Acceptance and Waiver of Inheritance ······································································································ 406
Ⅰ.
Introduction ··········································································································406
1.
Acceptance of Inheritance? Freedom of Renunciation / 406
2.
Approval? The nature of the act of renunciation / 407 3.
Approval? Consideration Period for Waiver / 408
4.
Approval? Withdrawal of waiver and cancellation? Invalidity / 411
5.
Approval? Management of Inheritance Before Waiver / 413
Ⅱ.
Simple approval ·········································································································································414
1.
The meaning of simple approval / 414 2.
Statutory Simple Approval / 414
3.
The Effect of Simple Approval / 419
Ⅲ.
Limited approval ············································································································420
1.
Introduction / 420 2.
Effects of Limited Approval / 422
Ⅳ.
Renunciation of Inheritance ·······································································································427
1.
Introduction / 427 2.
Effects of Renunciation of Inheritance / 428
Article 5 Separation of Property ··············································································································· 432
Ⅰ.
Introduction ·············································································································432
1.
Of / 432 2.
Relations with Other Institutions / 433
3.
Procedure for Separation of Property / 434
Ⅱ.
Effect of Separation of Property ...........................................................................................................435
1.
Separation from private property / 435 2.
Management of Inherited Property / 435
3.
Requirements for Separation of Property / 435 4.
Cheongsan / 435
5.
Payment from personal property / 436
Article 6 Absence of Heirs ················································································································· 436
Ⅰ.
Introduction ·············································································································436
1.
Of / 436 2.
Case of "Absence of Heir" / 437
Ⅱ.
Management of Inheritance? Liquidation and Search for Heirs ··························································437
1.
Management of Inheritance / 437 2.
Liquidation of Inheritance / 438
3.
The Search for the Heir / 439
Ⅲ.
Distribution of property to special bereaved persons ·········································439
1.
The purpose of the system / 439 2.
Status of Special Recipients / 439
3.
Scope of special beneficiaries / 440 4.
Property Distribution Procedure / 440
5.
Object of Distribution / 441
Ⅳ.
Nationalization of Inherited Property ·········································································································441
Section 3 Wills ...........................................................................................................................442
Ⅰ.
Introduction ·············································································································442
1.
The meaning and legal nature of a will / 442 2.
The Relationship Between Wills and Statutory Inheritance / 443
3.
Testatorial Capacity / 444
Ⅱ.
Method of making a will ·······················································································································445
1.
Introduction / 445 2.
Holographic Will / 448
3.
Will by Recording / 452 4.
Will by Notarized Document / 453
5.
Will by secret document / 454 6.
Will by Oral Testament / 455
Ⅲ.
Withdrawal of a Will ····················································································································457
1.
Freedom of withdrawal of will / 457 2.
Method of Revocation of a Will / 458
3.
The Effects of Withdrawal / 459
Ⅳ.
Effect of a Will ····················································································································461
1.
General Effect of Wills / 461 2.
Legacy / 463
V.
Execution of a Will ····················································································································473
1.
Of / 473 2.
Preparatory Procedures for Will Execution (Opening and Probate) / 473
3.
Executor / 474
Section 4 Oil Classification ··················································································································481
Ⅰ.
Introduction ··········································································································481
1.
Of / 481 2.
Decentralization and Its Abandonment / 482
Ⅱ.
Scope of the oil spill ........................................................................................................................... 483
1.
The heir and his share / 483 2.
Calculation of the amount of oil / 484
Ⅲ.
Preservation of the oil reserves ·······························································490
1.
Claim for return of oil portion / 490 2.
Exercise of the right to claim return of the reserved portion / 495
3.
Statute of limitations for claiming return / 503
Index of Civil Code Provisions ···································································································································505
Case law index ································································································································511
Item Index ································································································································523

Preface to the 8th Edition

The author published a single-volume textbook on civil law, starting with “General Provisions of Civil Law” in 2011, and publishing one volume each year until 2015, when he published all five volumes of the entire civil law, including “Law on Inheritance by Family Members.”
And since then, it has been revised without rest, and by 2025, all five volumes had reached their 7th edition.
However, surprisingly, the 7th edition was the first to be published, and the first edition was the "Law of Inheritance by Family Members" which was published the latest.
Above all, it was thanks to the readers' overwhelming love.
And the 8th edition of “Law of Inheritance by Family Members” also came out ahead of other books.
There are many things that need to be reflected quickly, and I can feel the readers' expectations.

The major changes in the 8th edition of this book are as follows:
After the 7th edition of this book was published, the Civil Code's law on inheritance by family members was revised once.
And the law of kinship? Special laws related to inheritance law were newly enacted and also revised.
There were also revisions to related subsidiary laws and Supreme Court rules.
In this edition, we first faithfully introduce these changes in the law.


Over the past two years, many important precedents have emerged, including rulings by the full bench of the Supreme Court.
Additionally, an important Constitutional Court decision was handed down regarding the contents of this book.
All of these case laws have been researched and described.

In 2024, the author published “240 Key Civil Law Cases” (Parkyoungsa) with Professor Kim Byeong-seon.
And in that, the latest case law in the field of inheritance law was also analyzed, and the relevant page numbers of “240 Key Case Laws of the Civil Code” were written down so that the relevant case law can be easily referenced when it appears in this book.

As a result, even though I tried to write as concisely as possible, the text ended up increasing by 14 pages.
Still, considering the sheer volume and importance of the content that needs to be added, it doesn't seem excessive.

Many people helped in the publication of this book.
Park Young-sa's Chairman Jong-man Ahn and CEO Sang-jun Ahn strongly encouraged the author to revise the book.
And Kim Seon-min, the director of the editorial department of Park Young-sa, supervised the editing and made the book excellent, and Jo Seong-ho, the publishing planning director, actively helped to ensure that the book was published on time.
I would like to express my deepest gratitude to all those who helped me, including these people.

January 2026
Song Deok-su