死者의 人格權과 遺體ㆍ遺骸에 대한 권리

• 영문명: The Personal Rights of the Deceased and Rights on either Corpse or Ashes
• 발행기관: 원광대학교 법학연구소
• 저자명: 최행식(Choi, HaengSik)
• 간행물 정보: 『원광법학』제27권 제2호, 53~72쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.06.30

영문 초록

The personal rights has protective legal interest that rescues either spiritual pains or property losses and damages when personal values such as life, body and honor, etc are damaged: Therefore, in principle, the rights can be owned not by the deceased but by the ones who are alive. However, when personal rights such as honor of the deceased is actually damaged, not only legal procedures but also protective legal interest of survivors might be of problem. Therefore, this paper briefly examined general theory on personal rights but also personal rights of the deceased. In particular, the author investigated admission of personal rights of the deceased at home and aborad that was discussed. Men leave either corpse or ashes at death: Does either corpse or ashes have influence upon personal rights? The author investigated theories and precedent cases on whether either corpse or ashes could be thought to be an object of ownership and to whom rights on corpse and ashes would belong. These days, the Supreme Court's judgment judged some questions on rights of either corpse or ashes gave implications to have room of discussion. So, the author gave some comments.

목차

Ⅰ. 머리말

Ⅱ. 人格權에 관한 一般論的 考察

Ⅲ. 死者의 人格權

Ⅳ. 대법원(전) 2008.11.20. 선고 2007다27670 판결과 遺體ㆍ遺骸에 대한 권리

Ⅴ. 遺體ㆍ遺骸에 대한 권리에 관하여

Ⅵ. 맺는 말

참고문헌

Abstract

키워드

인격권 死者의 인격권 유체ㆍ유해에 대한 권리 The personal rights Personal rights of the deceased Rights on corpse and ashes