Should I put it on Jung Woo Sung's "Out-of-wedlock" family register?What is the inheritance of the property? [Y Record]

2024.11.26. PM 3:05
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■ Host: Lee Se-na Anchor
■ Starring: Attorney Kim Sung-hoon

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN New Square 2PM] when quoting.

◆ Anchor
Jung Woo-sung has now admitted that the child he gave birth to with Mun Ga-bi is his child and my biological child. After he admits it, is Jung Woo-sung obligated to put it on his family register?

◇ Kim Sung-hoon
That's right. Basically, as I said earlier, there is a different part of family law in the concept of biological mother and biological father. In the case of real mothers, the mother-child relationship is recognized immediately even if there is no separate recognition, and if a child is born between marriage, the child must go through the process of recognition in order for the child to have the right as a child and for the biological father to bear the so-called father's duty. In other words, I have to do the things that this child is my child.

In the current situation, Jung Woo-sung recognized his child in the absence of a lawsuit, so he will go on the family register and various rights and obligations will be created accordingly. However, you may have heard of it as an extramarital lawsuit. There have often been these lawsuits about big entrepreneurs and politicians. What this is is to ask someone who doesn't recognize him as a father to acknowledge him as a father. It's called a claim for recognition. Then, according to that part, if it is recognized according to various genetic test results in the lawsuit, it is determined by the court's ruling that it is recognized.

◆ Anchor
I wonder what happens to child support. What happens if there is a legal provision that is mandatory to pay or if it is done under parental agreement?

◇ Kim Sung-hoon
Basically, in relation to the child, parents are obliged to protect, educate, and raise the child, and this obligation also includes an economic part. Therefore, it can be seen that the part where child support is provided for the child and a significant amount of the cost is incurred immediately. In the case of cognition, there may be a difference between cognition and birth. In some cases, such as this case, it takes less than a few months, but sometimes it takes several decades. Then, it is retroactive from the moment of recognition to the moment of birth. Retroactively, there are parts that bear the obligation to pay child support from the time of birth.

◆ Anchor
Sometimes, child support costs cause problems. There's a conflict. If you don't pay child support, is there a way to enforce it?

◇ Kim Sung-hoon
In that case, the mother can basically file a lawsuit against the biological father as a legal representative on behalf of the child for non-payment of child support.

◆ Anchor
Since Jung Woo-sung is not an ordinary person, there is a high public interest in whether his son will inherit. Isn't there something legally stipulated about this, too?

◇ Kim Seong-hoon
As I just said, even if you are an extramarital person, you have the right to inherit and receive child support retroactively to the time of birth. Therefore, in the current situation, Jung Woo-sung can be the only legal heir because he is single.

◆ Anchor
I understand that Jung Woo-sung expressed his position that he is not married, but if Jung Woo-sung remains unmarried and marries someone else later, what happens then?

◇ It's a little strange because it's the private life of Kim Sung-hoon
Jung Woo-sung, but if you think of it as A and B, you'll be born out of wedlock without marriage, and you'll be a child if you recognize the out of wedlock as your child. When you say you're going to marry a third party again and start a family, it basically doesn't clash between the two. However, the originally recognized child is not recognized as the child of the spouse of the newly married family. Unless it is specifically registered like that. In this case, basically, the newly established spouse and child, and the person who recognized the extramarital child are all in a legal inheritance relationship.

Excerpted from
: Yoon Hyun-kyung, editor of the digital news team

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