Page title background (PC version)Page title background (mobile version)

Deals & Cases

Damages (general/other)

Medical Specialist Attorney Assistance | Successful Reduction of Damages Through an Application for Special Qualified Acceptance of Inheritance

The clients who came to the medical attorney, facing the risk of full liability for compensation in a situation where they were sued for a large sum in damages after their son's death, requested assistance from our firm.

CONTENTS
  • 1. The Clients Who Came to the Medical Specialist Attorney
    • - Background of the Case
  • 2. The Issues in the Case Identified by the Medical Specialist Attorney
    • - What Is Qualified Acceptance of Inheritance?
    • - What Is Special Qualified Acceptance of Inheritance?
  • 3. Scope of the Medical Specialist Attorney's Assistance
    • - The Specialist Attorney's Argument 1 | The Heirs Were Not Grossly Negligent
    • - The Specialist Attorney's Argument 2 | The Validity of the Special Qualified Acceptance of Inheritance
  • 4. Result of the Medical Specialist Attorney's Assistance, 'Successful Reduction of Amount'
    • - If You Need a Specialist Attorney's Help?

1. The Clients Who Came to the Medical Specialist Attorney

The clients who came to the medical attorney had been sued while in a state where they had not made a renunciation of inheritance or a qualified acceptance within 3 months after the commencement of inheritance, placing them at risk of full liability, but with the assistance of the medical attorney, the case could be concluded with them bearing damages liability only within the scope of the inherited property.

Background of the Case

The clients' son killed his own wife with a bladed weapon and then took his own life.

Afterward, the parents of the deceased daughter-in-law held the clients responsible and filed a claim for damages against them for several hundred million won.

However, the son left virtually no assets at the time of his death, and the clients were also in a situation where they lacked the financial means to compensate for the loss on their own.

Accordingly, the clients came to our firm in search of an attorney with experience handling numerous related medical cases in order to obtain a reduction in the amount in the claim for damages.

Medical attorney's summary of the circumstances of the case

2. The Issues in the Case Identified by the Medical Specialist Attorney

The clients who requested assistance from the medical-specialist attorney were at risk of being held fully liable for the damages, as they were legally deemed to have made an unconditional acceptance because they had failed to renounce the inheritance or make a qualified acceptance within three months from the commencement of inheritance.

Article 1019(3) of the Civil Act, however, provides that “where an heir, without gross negligence, was unaware that the inherited debt exceeded the inherited property and an unconditional acceptance was made, the heir may make a qualified acceptance within three months from the day on which the heir became aware of that fact.”

However, to have this provision applied, the heir must prove medically and factually the circumstances showing that, without gross negligence, they were unaware that the inherited debt exceeded the inherited property, and if this is not recognized, joint and several liability for the full amount of damages could arise.

Accordingly, the medical-specialist attorney organized the facts around the specific circumstances in which the client was unaware that the debt exceeded the assets, and established a strategy to demonstrate that the requirements for a special qualified acceptance were met.

What Is Qualified Acceptance of Inheritance?

Qualified acceptance refers to an heir's declaration of intent to pay the decedent's debts and legacies within the scope of the property acquired through inheritance.

An heir may make a qualified acceptance within 3 months from the date the heir became aware that the inheritance had commenced.

Under Article 1028 of the Civil Act, even if a report of qualified acceptance is accepted, the decedent's debts remain valid, but the heir is responsible for paying the debts and legacies only within the scope of the inherited property.

What Is Special Qualified Acceptance of Inheritance?

Special qualified acceptance refers to a qualified acceptance made by an heir who, without knowing within 3 months from the date of commencement of inheritance that the inherited debts exceed the inherited property, made a simple acceptance, and who then makes it within 3 months from the date of learning of that fact. (Article 1019, Paragraph 3 of the Civil Act)

Here, “gross negligence” means a case where the heir could have known that the inherited debts exceed the inherited property had he exercised only a little care, but failed to know this through neglect. (Supreme Court Judgment of June 10, 2010, 2010Da7904)

3. Scope of the Medical Specialist Attorney's Assistance

Medical law attorney's identification and organization of the issues in the case

The medical law attorney identified the following issues and provided assistance.

▷ Proving the loss of decision-making capacity through medical records

▷ Establishing the point in time at which the inherited debt was recognized

▷ Organizing the policy and legal requirements

The Specialist Attorney's Argument 1 | The Heirs Were Not Grossly Negligent

The clients had been diagnosed with dementia due to their advanced age and were living in a psychiatric hospital and a nursing home.

In particular, due to the extreme shock following their son’s death, they repeatedly experienced post-traumatic stress, fainting, and the like, and received emergency treatment, leaving their cognitive ability markedly diminished.

Accordingly, the medical attorney secured the clients’ psychiatric diagnosis certificates, outpatient treatment records, emergency room treatment records, and the like, and proved that the clients were in a state in which they could not make normal decisions regarding the inheritance at the time.

The Specialist Attorney's Argument 2 | The Validity of the Special Qualified Acceptance of Inheritance

In the bewildering situation immediately after the incident, the clients were focused on their son’s funeral arrangements and had not actually recognized that an inherited debt existed.

Afterward, when the plaintiff’s complaint was served, they first learned of the existence of the inherited debt, and they filed for a special qualified acceptance of inheritance within 30 days from the date the complaint was served.

Accordingly, the medical attorney emphasized, on the ground that the requirement for qualified acceptance under the Civil Act of being “within 3 months from the date of becoming aware” was met, the fact that the clients were to be liable for the inherited debt only within the limit of the inherited property.

4. Result of the Medical Specialist Attorney's Assistance, 'Successful Reduction of Amount'

Medical specialist attorney assistance resulting in a reduction

Accepting the medical specialist attorney's argument, the court rendered a judgment that “since the special qualified acceptance of inheritance is valid, the defendants shall pay the plaintiff the damages arising from each tort within the scope of the property inherited from the deceased” .

Although the plaintiff claimed damages amounting to 700 million won, this is a case in which, by establishing that there was no decision-making capacity based on the medical records and the point at which the inherited debt was recognized, the clients were held liable for damages only in a limited amount.

If You Need a Specialist Attorney's Help?

The above case is one in which the court recognized a special qualified acceptance of inheritance after arguments were made that carefully considered the clients' actual capacity and ability to recognize the debt.

In a case such as this, the assistance of a legal expert such as a medical law attorney was crucial in order to legally assess the medical and psychological condition and to protect the legal interests of persons with mental illness and the elderly.

The firm has many expert attorneys in each field who possess extensive experience not only in inheritance and family cases such as special qualified acceptance of inheritance but also in various civil cases, along with the know-how to develop arguments based on medical knowledge.

In addition, the firm cooperates with its own evidence investigation center to collect the evidence needed for a case and systematically prepares a tailored response strategy for each case.

If you are facing difficulties in a similar situation, please request assistance at any time through a legal consultation reservation with Daeryun.

Watch related video content
for this case study.

  1. 🏥Complicated and difficult medical litigation👨‍⚕️ What is your success strategy?|Medical and pharmaceutical lawyer

의료전문변호사

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

Related Information
Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 260
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk