Earticle

초록

영어

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
  1. 人格權의 意義와 法的 性質
  2. 人格權의 根據와 內容
 Ⅲ. 死者의 人格權
  1. 序言
  2. 死者의 人格權에 관한 外國의 예
  3. 우리나라
  4. 소결
 Ⅳ. 대법원(전) 2008.11.20. 선고 2007다27670 판결과 遺體․遺骸에 대한 권리
  1. 사실관계와 판결요지
  2. 판결의 검토
 Ⅴ. 遺體․ 遺骸에 대한 권리에 관하여
  1. 遺體․ 遺骸가 소유권의 객체가 될 수 있는가?
  2. 遺體․ 遺骸에 대한 권리의 귀속 주체
  3. 死者자신의 遺體․ 遺骸에 대한 처분행위의 효력
 Ⅵ. 맺는 말
 참고문헌
 

키워드

저자

• 崔幸植 [ 최행식 | 원광대학교 법학전문대학원 교수, 법학연구소 연구위원, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340