Claim for Judicial Acknowledgment of Paternity | A Supreme Court Judgment Holding That a Child Born Out of Wedlock May Also Claim Past Support From the Biological Father

The plaintiff in this case, who filed a claim for judicial acknowledgment of paternity, was a child born out of wedlock and sought to claim past support from the biological father.

The defendant in this case, the plaintiff's biological father, had the plaintiff with another woman during his marriage.

At the time of birth, the defendant and the plaintiff's mother prepared a written agreement on the payment of child support, which provided that the defendant would have no obligation to pay child support after paying a certain amount.

Subsequently, through a separate conciliation, the defendant agreed not to bear responsibility for raising the plaintiff, and the mother solely raised the plaintiff until the plaintiff reached the age of majority.

Upon reaching the age of majority, the plaintiff filed a claim for judicial acknowledgment of paternity against the defendant together with a claim for the payment of past support.

This was a request to recover the child support that the plaintiff had actually needed during the period of minority, regardless of the mother's agreement or waiver.

The first-instance court determined that even if one parent agreed not to claim child support, this does not extinguish the right to claim support, which is a right inherent to the minor child.

In particular, it applied the legal principle that, because a judgment of acknowledgment takes effect retroactively to the time of birth, the child may claim support from the person bound to provide it even for support that accrued before the acknowledgment became final.

Accordingly, the court held that the defendant must pay the plaintiff KRW 70 million in past support.

The Supreme Court upheld the lower judgment as it stood and dismissed the defendant's final appeal.

▶Key Points of the Supreme Court's Determination

Based on this precedent, Daeryun Law Firm LLP proposes the following strategy in cases involving a claim for judicial acknowledgment of paternity.

① Detailed Analysis of the Facts