The son of Mun Ga-bi, Jung Woo-sung, is on the family register.Both parties agreed on legal issues such as inheritance.

- There is a high possibility that both sides agreed on legal issues including 'application for paternity stamp', inheritance right and child support
- The same legal authority as the 'marital'
- Regardless of whether Jung Woo-sung or Munga-bi is married or not, Jung Woo-sung's family register will be raised, and following Jung's family name is a matter of parental consultation.

[News FM Lee Ik-seon Choi Soo-young Issue & People]

□ Broadcast date and time: November 28, 2024 (Thursday)
□ Host: Lee Ik-seon, Choi Soo-young
□ Performers: Lawyer Kang Jeon-ae, Lawyer Jang Yoon-mi

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.




◇Lee Ik-seon: Janggang, a current affairs restaurant decorated by lawyer Jang Yoon-mi and Kang Jeon-ae, is here. the head of the lawyer Jang Yoon-mi After lawyer Kang Jeon-ae's river, it became four current affairs restaurants, Janggang. We have the two of you here. I'm lawyer Jang Yoon-mi and Kang Jeon-ae. Welcome.

◆Choi Soo-young: This news is the most important issue these days, so we should deal with it, too. Actor Jung Woo-sung admitted that the son he gave birth to with model Moon Gabi was his biological father. There's a lot of interest in legal responsibility here. Jung Woo-sung said he is a biological father, but under this law, biological father and biological father have different meanings. What's the difference?

□Jang Yun-mi: Yes, first of all, birth father refers to a biological father. It is quite limited that the legal authority can be exercised only by the biological father, so legally, you have to acquire the legal concept of being a biological father. In this case, this child can receive inheritance and demand child support more actively. Then, the question of how to confirm that you are a biological father is to go through the procedure of 'recognition'. 'recognition' by law So, if you say 'arbitrary' that you are my child, if you say that you are not my child, then you have to sue that you are my father. I need to resolve my cognitive claim. That way, inheritance and legal relations can be organized, so there are these two frameworks, so the biological father and the biological father are a little different.

◇Lee Ik-seon: But why did he come up with the concept of a birth father?

□Jang Yun-mi: This is completely biologically, so there's also the concept of birth mother. So my birth mother thinks there's almost no legal room for dispute. So, giving birth to a complete child is so obvious that there is no dispute over living things, and the biological father is like, "Who is the biological father?" There are some disputes, but in reality, this is a concept that refers to a biological father completely entangled in DNA and blood ties. In order to receive legal authority, not limited to a legal concept, the most basic reason is inheritance.

■ Kang Kyung-ae: So if you think about it simply, if a woman gave birth, she had a legal husband, and now she had a child in a relationship with someone else outside. Based on the concept at that time, at first, there are parts where the biological father is presumed to be the legal husband. But the birth father is outside of marriage. Then, the person is the biological father, but his/her position as a biological father. In order to have a legal status, such as a claim for recognition or something like this is necessary. I'm telling you that.

◇Lee Ik-seon: In our country, a born child follows his father's last name. You are adopting paternal priority, so what is the last name of the child you gave birth to?

□Jang Yun-mi: It depends on the situation and the number of cases. First of all, if you look at Article 781 (1) of the Civil Code, it says that child follows the nature of wealth. So, in ordinary families, they get married and give birth to children and follow their father's last name. However, if a parent agrees to follow the mother's last name when registering a marriage, it follows the mother's last name, and there may be cases like that. In the case of Moon Ga-bi and Jung Woo-sung, it is now known that they will not be married. Then, recognition is the key, but if it is recognized, it is said that the last name can be done according to the marriage, and the last name can be excluded from the father's last name or the mother's last name. If you don't recognize it, if Jung Woo-sung admits that it's my child now, but there may be cases where he says it's not my child. Then it gets a little complicated, but the mother usually says it's her right, but she usually registers her child with her family name in the family relations register. But if I say I'll give my father's last name to this child even if I die soon, there's no such procedure now, so I filed a lawsuit against the claim that I mentioned earlier, and my father is my father. It is said that the surest way to use your father's last name is to get confirmation from the court that this person is A.

■ Kang Kyung-ae: So I think I might have already recognized it now. If you say that you knew it from the time you were pregnant and that you will fulfill your legal responsibilities externally, you may have been recognized as a mother and father from the time your child registered his birth, and even if Moon Ga-bi did it alone, you can report it to the district office. When reporting to the district office, there is a part of the application that Moon Gabi has already named the child Moon OO as Moon before requesting recognition. Then, if Jung Woo-sung recognizes the child, his last name must already be included in the report before he recognizes it. When he/she reports his/her name, it is included in the report itself to write down the purpose and contents. So, in that regard, if you say you will change your father's last name, there are parts that can be negotiated with each other and proceed.

◇Lee Ik-seon: But I heard that he asked for paternity confirmation. Jung Woo-sung's side

■ Kang Kyung-ae: Yes, it seems to be a procedure to check if the biological father is right

◇ Profit line: Then, it was recognized in the early stages of pregnancy.

■ Kang Kyung-ae: I'm telling you that cognition is a legal concept and you can think of it as putting your child on my family register. Since the child was not born while they were married, the child told her that Moon Gabi was pregnant, and during the pregnancy process, blood collection and other blood ties with the father can be confirmed, but it is not known exactly when the paternity was confirmed. But usually after birth, you look at some genetic matching parts, such as the hair of a child, and then you report your identification. in the district office or something I mentioned earlier,

◆ Choi Soo-young: So one of the balls Jung Woo-sung shot is another social controversy. Usually, there are reports of paternity recognition, so there was a lot of social controversy because it was different from the pattern in which we were married through pregnancy and childbirth and was a little different from the existing culture, but a legal YouTuber admits that Jeong is a child's father due to property problems but does not marry him. There's a reason for property, what do you mean by this?

■ Kang Kyung-ae: I think it's probably about inheritance. It's hard to say that even if you're a spouse while you're married, you have some legal authority to give me some money, and it doesn't matter if you do it arbitrarily. I don't know how much wealth Jung Woo-sung has, but he left behind and died. In this case, the child becomes the number one heir. Then you can think of the child as inheriting all of them, but if you have a spouse, the spouse is 1.5 to 1. The child will be 1. This is the same even if it's not Moon Gabi. If Jung Woo-sung married another woman and had another child in the meantime, the legal spouse will receive 1.5, and the child he had with him is 1, and there is no discrimination in inheritance in Korea whether he is married or out of wedlock. It's the same one. But if you marry Moon Ga-bi, you will have more inheritance shares than a 1.5 child. But about this. It's a bit of a story, but it's a little difficult to say that Jung Woo-sung died before he came of age in the absence of other children, but in that case, the only heir is the child. Then, if the child inherits all of his father's property and is a minor, he cannot dispose of the property himself, so when the child inherits all of Jung Woo-sung's property, Moon Gabi, the child's parental authority, can actually exercise authority over the inherited property.

◇Lee Ik-seon: So you become an heir just by the fact that you are a parent?

□Jang Yoon-mi: That's right. Whether it's because you're a parent or not. So people keep saying that it's recognition right now. Maybe the Chinese characters are the same. That's why I recognize you as my child, but I already recognize you. You're my child. There's a compulsory thing. Through the trial, it is recognized that it is your son or daughter, but Jung Woo-sung has lived as a top actor for several decades, so his wealth is not accurate, but he must have a lot. Then, as you pointed out, there is actually an inheritance issue. So, I think there are some talks about divorce, that is, to form a legal relationship and become a spouse by law, forming a common property and becoming an economic community, but when the marriage is over, a lot of parts should be separated like this.

■ Kang Kyung-ae: So if it's recognized. We can go to the dong office and take out various documents, and one of them is the Family Relations Register. It's on the family relationship register. So, if you take off the family relationship register centered on the child's family, the mother, Moon Gabi, father, and Jung Woo-sung come out. And even if Jung Woo-sung's family relations register is removed, Moon Gabi does not go into it as a spouse, but this child is included as a child. And of course, Moon Ga-bi's family relations register has a child. However, it seems to be such a situation now that the spouse column is blank. Since I go into the family relationship register, there is no such thing as whether it is married or out of wedlock. And there is a marriage certificate, and when you look at Jung Woo-sung's marriage certificate, the spouse is blank.

◆Choi Soo-young: So if two people get married later, will the status of out-of-wedlock change?

■ Kang Kyung-ae: No, he's not an extramarital person, but because he's just a child right now, he says we're out of wedlock, but practically, he has the same status as Jung Woo-sung's son. But I think they're talking about that. Article 855 of the Civil Code stipulates that when parents born after marriage get married, they are considered to be born during marriage, but in reality, the effect is the same in any inheritance or such. While the child is already recognized, as Jung Woo-sung's child, even if Jung Woo-sung marries another person and a married person comes out, he will inherit the same without any discrimination.

◇Lee Ik-seon: So if Jung Woo-sung marries another woman or Moon Gabi marries another man, the situation becomes more complicated, right?

□Jang Yoon-mi: Even if Jung Woo-sung marries another woman, he is legally responsible for this child, but he has to pay child support. It's about the survival of the child. And this is a child with a right of inheritance. Your biological father has been confirmed as Jung Woo-sung. I think it's right to think that you've already recognized it. However, when Mr. Mungabi set up a separate family, the current custodian is Mr. Mungabi. Since I said I would keep my child alive alone, then if I start a family, he will go on the family relations register there, but there are cases where we have biological children and just adopted children, but there are also cases where we put our names on the list of two families. Once, I think we need to divide the number of cases.

■Kang Kang-ae: So, to tell you the truth, Moon Gabi is married. But the spouse's new husband is Moon Gabi's biological child, and this child is registered. In that case. We can legally adopt it as a biological adoption system, but when we become biological children, I have parents here, my biological parents, and my adoptive parents. Then you can inherit all four of these properties. In the case of adopted children, even if they are adopted, their relationship with their biological parents will not be completely cut off. That's not the case with biological children. The relationship with the biological parents is completely cut off, and the inheritance right is lost. Then, if the spouse says that I will adopt the child as my biological child when Mr. Moon gets married, the court will listen to the opinion of the biological parents procedurally. So, let's check with Jung Woo-sung about what he's going to do. If you don't agree to the consent, there is a high possibility that you will not be able to adopt your child, and if you agree to the consent, then the child will completely lose the inheritance right in relation to Jung Woo-sung.

◇Lee Ik-seon: So what if a new married third man says, "I want to bring this child as my biological adopted child," and Moon says, "No, I don't want to do that?"

■ Kang Kyung-ae: That's the part that the two of you have to agree on first and go in together from the time you apply.

◆Choi Soo-young: But I have another question to deal with. There is a rumor that Jung Woo-sung is dating another woman, so that's what the report says. If that's the case, can the person you're dating now file a lawsuit against Jung Woo-sung for alimony or something because he has a child born now?

■ Kang Kyung-ae: It's possible for now, but this is an important part of how much Moon Ga-bi knew. So, if there was such a woman who was not married, but was in a common-law relationship. It means that Jung Woo-sung gave birth to a child because of his relationship with another woman. Then you can ask for the responsibility of the breakdown of the common-law relationship. However, if Moon Ga-bi did not know that Jung Woo-sung had another woman, it would be like a de facto marriage. If you say you didn't say that at all, even if you made a claim, civil affairs can make a claim, so even if you made a claim, there is a high possibility that it will be dismissed.

◇Lee Ik-seon: No, but we all know that the area of cognition is ambiguous. Now, I think it will be a very ambiguous trial to know or not.

□Jang Yun-mi: So genetic testing is almost essential. It is common for the plaintiffs to recognize me through genetic testing. In order to go in a very definite way.

◆ Choi Soo-young: Another interest is actually child support now. Legally, we know that the maximum monthly fee is about 2.9 million won, but Jung Woo Sung is known to be a famous star and has a lot of wealth, so can you give us more in this area?

■ Kang Kyung-ae: If we negotiate with each other, the amount we discussed will be a reference point, and the consultation will fulfill our legal responsibilities now, so I think we'll have to discuss it first, and if we can't, Moon Ga-bi will have to file a child support claim with the court. But we have child support tickets at the Seoul Family Court. The calculation table is already disclosed, and there is a table according to the child's age and income level. So, when the income was highest, the child is now 0 years old, so in the case of 0 to 2 years old, it is about 2.2 million won, and it increases gradually as you get older. But 2.2 million won may actually be a lot for others, but when you look at Jung Woo-sung's standard of living, it's a little small. Then, Moon Ga-bi can appeal to the court that he should receive more through inquiring about Jung Woo-sung's income in the process of claiming child support.

◆Choi Soo-young: Then we can coordinate the appropriate amount?

■ Kang Kyung-ae: That's right. If there is a consultation, the amount of the consultation is the standard for the first place, but even after consultation, it may not be given later. Then, there may be parts that need to be re-charged anyway. Then, if Mun Ga-bi thinks that it can't be done with about 2.2 million won at that time, he will appeal to the need for an additional increase through income inquiries and things like that.

◇Lee Ik-seon: With this incident, there is a lot of attention on the form of families who are not married and have children, and in Europe, more than 40 percent of them are married. Children born like this. We are in the 4.3% range, and then there are so many tasks to be done for the children who will be born like this, or for the form of such a family, that the law is supplemented and prepared, and some social perception is changed.

□Jang Yoon-mi: There are a lot. Because the low birth rate problem is clearly a problem that is too socially faced. This is different because when I was young, I heard that the birth rate was very low in France, but he recognized various family types and cited it as one of the reasons for solving the birth rate problem. If so, we are also a so-called normal family because we plan and support the system around it, and if the budget is made, it does not function as a family that can keep the child well healthy. So recently, there was a very meaningful ruling in the court that recognized same-sex couples in relation to health insurance premiums. So, I think Jung Woo-sung is getting more attention in a situation where society is being asked to take a more open attitude.

◆Choi Soo-young: It seems that Jung Woo-sung is providing a lot of controversies about many social cultures, but there are many points to think about.