死者의 人格權과 遺體 ․ 遺骸에 대한 권리 -대법원 2008.11.20. 선고 2007다27670 전원합의체 판결을 중심으로-

Abstract

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.