민법 제752조의 위자료청구권과 그 상속성

This paper reviews the theories and judicial precedent solatium claims compensation money about the inheritance whether infringe as the center of life due to the Article 752 of the Civil Code interpreted. However, in relation to the above was discussed from Era the old civil code Until now, the discussion continues. The theory is largely divided into ‘positive theory of inheritance’ and ‘theories that deny the inheritance’ Supreme Court has consistently presented. One theory is the question of civil code comply with Article 752 of interpretations. Based on the findings of this, it comes down to the following conclusions. First, positive theory of inheritance is the next of kin to inherit the right to claim Solatium in constant relationship with the victim's identity is to compensate for the emotional distress he suffered victims(inheritee). inheritee; Second, Theory of configuration furnish support is convinced that the inherited the position of, it is difficult to face the criticism that constitute the theory put the Civil Code Section 752 of legislative intent into consideration. Therefore, they stand conclusion about whether life due to violations of the right to claim Solatium inheritance identified by the premise of what the Civil Code Section 752 of legislative intent. This provision is advisable to understand the rules for protecting the indirect victims of such ‧ lineal ascendants and lineal descendant of the spouse of the victim's life, Civil Code Section 752 because it is not a regulation for the protection of victims of abuses. If we understand this, the theories that deny the inheritance reached the conclusion that it is logically valid both a faithful interpretation of the provisions of the Civil Code Article 752.