»ç¶÷Àº »ýÁ¸ÇÏ´Â µ¿¾ÈÀ̶ó¾ß ±Ç¸®Àǹ«ÀÇ ÁÖü°¡ µÈ´Ù.
A person becomes the subject of rights and obligations only while he survives.
¾î¸Ó´Ï ¹î¼Ó¿¡ Àִ žƴ ±Ç¸®´É·ÂÀÌ ÀÖÀ» ¼ö ¾ø´Ù.
The fetus in the mother's belly cannot have the right ability.
±×·¯³ª žƸ¦ º¸È£ÇÒ ÇÊ¿ä°¡ ÀÖÀ¸¹Ç·Î º¸È£ÀÇ ±ÔÁ¤À» µÎ°í ÀÖ´Ù.
However, since it is necessary to protect the fetus, there is a provision for protection.
¿ì¸® ¹Î¹ýÀº ƯÁ¤ÇÑ Áß¿ä°ü°è¿¡¼¸¸ º¸È£ÇÏ°í ÀÖ´Ù.
Our civil law protects only in certain important relationships.
¹Î¹ý 762Á¶´Â žƴ ¼ÕÇعè»óÀÇ Ã»±¸±Ç¿¡ °üÇÏ¿©´Â ÀÌ¹Ì Ãâ»ýÇÑ °ÍÀ¸·Î º»´Ù°í ±ÔÁ¤ÇÏ°í ÀÖ´Ù.
Article 762 of the Civil Code stipulates that the fetus is considered to have already been born with respect to the right to claim damages.
±×·¸´Ù¸é Áß¿äÇÑ °ÍÀº ƯÁ¤ÇÑ ±Ç¸®¿¡ ÀÖ¾î¼ Å¾ư¡ ÀÌ¹Ì ÅÂ¾î³ °ÍÀ¸·Î º»´Ù´Â °ÍÀÌ ¹«¾ùÀ» ¸»Çϴ°¡ÀÌ´Ù.
What matters, then, is what it means to see the fetus as already born for a particular right.
¼³»ç žư¡ ±Ç¸®¸¦ ÃëµæÇÑ´ÙÇÏ´õ¶óµµ ÇöÇà¹ý»ó À̸¦ ´ëÇàÇÒ ±â°üÀÌ ¾øÀ¸´Ï žƷΠÀÖ´Â µ¿¾ÈÀº ±Ç¸®´É·ÂÀ» ÃëµæÇÒ ¼ö ¾ø´Ù.
Even if the fetus acquires the right, the current law does not have an agency to act on it, so it is impossible to acquire the right and ability while in the fetus.
±×·¯¹Ç·Î »ì¾Æ¼ Ãâ»ýÇÑ ¶§¿¡ Ãâ»ý½Ã±â°¡ ¹®Á¦ÀÇ »ç°ÇÀÇ ½Ã±â±îÁö ¼Ò±ÞÇÏ¿© ±× ¶§¿¡ žư¡ Ãâ»ýÇÑ °Í°ú °°ÀÌ ¹ý·ü»ó º¸¾ÆÁشٰí Çؼ®ÇÑ´Ù.
Therefore, it is interpreted that the time of birth is retroactive to the time of the event in question at the time of alive birth, and is considered legally as if the fetus was born at that time.
Áï ¿ø°íÀÇ Ã³°¡ »ç°í·Î »ç¸ÁÇÒ ´ç½Ã ÀӽŠ8°³¿ù µÈ žư¡ ÀÖ¾úÀ½ÀÌ ÀÎÁ¤µÈ´Ù.
In other words, it is recognized that there was an 8-month-old fetus when the plaintiff's wife died in an accident.
±×¸®°í ±×°¡ ¸ðü¿Í °°ÀÌ »ç¸ÁÇÏ¿© Ãâ»ýÀÇ ±âȸ¸¦ ¸ø °¡Áø »ç½ÇÀ» ÀÎÁ¤ÇÑ´Ù.
And he admits that he died with his mother and did not have a chance to be born.
±×·¸´Ù¸é »ì¾Æ¼ žÁö ¾ÊÀº ÀÌ»ó ¹è»óû±¸±ÇÀ» ³íÇÒ ¿©Áö°¡ ¾ø´Ù.
If so, there is no room to discuss the right to claim compensation unless you were born alive.
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