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The constitutional constitution decides the customary “ constitutional ” law to acquire basic rights of graves
“Need to protect traditional culture through customary law”
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The Constitutional Court ruled that common law would not contradict the Constitution, stating that the right to continue to use the land would be granted if a grave was written and kept on someone else’s land for a long time.
The Constitution announced on the 8th that it took a constitutional decision with an opinion 7-2 in the sentence of a constitutional petition, which was filed against the principle of prohibition of excessive excess, which is the right to use the land of another person for create a cemetery.
Mr. A inherited a forest field located in Bucheon, Gyeonggi-do from his father in 1990. The tomb, designated as historical and cultural heritage in the city of Bucheon, was installed on the site, but Mr. A demolished the tomb and moved the remains to another location because the related person could not be found. After that, Mr. B, a descendant of the grave, filed a lawsuit against Mr. A for damages. Mr. B claimed that it was illegal for Mr. A to move the cemetery without his permission because he acquired the right to a cemetery in the area in 2015. The court upheld Mr. B’s claim and ruled that Mr. A would pay 15 , 8 million won for damages. However, Mr. A filed a constitutional petition, alleging that customary law that allowed a person who owned graves on someone else’s land without problems for 20 years to acquire the rights to the base of the grave violates property rights. individual.
The constitution rejected the constitutional request of Mr. A. It is the judgment of the Constitution that the right to protect traditional culture is important since the right to the base of the grave was recognized by customary law. The Constitution said: “The provision is that customs that were accepted long before personal ownership of the forest and fields was recognized have acquired legal status.” It is necessary to consider it properly ”. The right of descendants to honor their ancestors is more important than the economic value of land ownership. The Constitution said: “It is true that as the economic value of forestry increases, the loss suffered by landowners from not using it or taking advantage of it increases.” He added that it will surely lead to loss of emotional bond and bond beyond economic loss of cost burden. “
/ Reporter Kyungwoon Lee [email protected]
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