피상속인의 배우자와 자녀 중 자녀 전부가 상속을 포기한 경우 배우자가 단독상속인이 되는지, 배우자와 피상속인의 손자녀 또는 직계존속이 공동상속인이 되는지 여부

In a case where, of the spouse and the children of the inheritee, all of the children relinquished inheritance, disputes have existed over whether the spouse becomes a sole inheritor or whether the spouse and the grandchildren or the lineal ascendants of the inheritee become the co-inheritor. Precedents stated that the spouse and the grandchildren or the lineal ascendants become co-inheritors. However, there have been many criticisms regarding the precedents in theoretical aspects. The subject case(Supreme Court en banc Order 2020Geu42 decided March 23, 2023) overruled the precedents and determined that the spouse becomes a sole inheritor in such instances. The Majority Opinion of the subject case cited the following as the grounds for its determination: (a) the inheritee’s spouse shares the same status as other inheritors related by blood; (b) the systematic interpretation of the language and text of Article 1043 of the Civil Act; (c) the intention of inheritors forfeiting inheritance; and (d) related issues in practice. The most significant legal doctrinal aspect of the subject case is that Article 1043 of the Civil Act was interpreted in a way that it could be effectively of use in relevant cases to follow. Viewing that the spouse becomes a sole inheritor is also reasonable in practical aspect in that it will prevent unnecessary disputes and reduce the social costs. The subject case is a critical court decision that will greatly facilitate the smooth processing of inheritance cases.