Procedures for Settlement of Requests for Declaration of a Person as Deceased
Right to request a declaration of a person as deceased
Individuals whose rights and interests are concerned shall have the right to request the Court to declare a person as deceased in accordance with the Civil Code.
The request must be accompanied by documents and evidence proving that the person requested to be declared as deceased falls under the circumstances prescribed by the Civil Code.
Preparation for examination of the request for declaration of a person as deceased
Within 20 days from the date of acceptance of the request, the Court shall issue a decision to publish a notice seeking information on the person requested to be declared as deceased.
The content, publication, and duration of such notice shall comply with Clause 2, Article 388 of the Civil Procedure Code.
During the notice period, if the applicant withdraws the request or if the person requested to be declared as deceased returns and informs the Court, the Court shall issue a decision to terminate the examination of the request.
Within 10 days from the expiry of the notice period, the Court must convene a meeting to examine the request.
Decision declaring a person as deceased
If the request is accepted, the Court shall issue a decision declaring the person as deceased. In this decision, the Court must determine the date of death and the legal consequences of declaring a person as deceased in accordance with the Civil Code.
Request for annulment of a decision declaring a person as deceased
If a person who has been declared deceased returns, or reliable information confirms that the person is still alive, that person or any individual with related rights and interests shall have the right to request the Court to issue a decision annulling the previous declaration of death.
The request must be accompanied by documents and evidence proving the return or survival of the person declared as deceased.
Decision annulling the declaration of death
If the request is accepted, the Court shall issue a decision annulling the previous declaration of death. In such decision, the Court must also determine the legal consequences of the annulment in accordance with the Civil Code.
(Legal basis: Articles 391, 392, 393, 394, 395 of the Civil Procedure Code 2015).
