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Qualified acceptance is a type of inheritance that an inheritor accepts the inheritance under the condition of that the inheritor's liability as to the inheritee's claim is limited to the inherited property. If an inheritor has effected qualified acceptance(hereinafter 'qualified acceptor'), he/she succeeds to the comprehensive rights and duties of an inheritee, but pays the debt to the inheritance obligee within the limit of inherited property. Accordingly, though the Civil Code does not provide any provision, there is no different opinion that an inheritance obligee cannot perform compulsory execution as to the inheritor's inherent property.


In the opposite, there is a conflict of opinions over whether a qualified acceptor's inherent obligee can perform a compulsory execution as to the inherited property or not. On March 18, 2010, the Supreme Court of Korea ruled on the case about this debate. In the case, the inheritance obligee(plaintiff) claimed a preferential status as to inherited property against the qualified acceptor's inherent obligee(defendant) who had acquired a collateral security rights on inherited property from a qualified acceptor.


Both inheritance obligee and inheritor's inherent obligee have the interest on maintaining the exiting legal positions and liability property. An inheritance obligee cannot perform compulsory execution as to the inheritor's inherent property. Nevertheless, if an qualified acceptor's inherent obligee can perform a compulsory execution as to the inherited property, it is unfair in that an inheritor's inherent obligee will lose liability property, while inheritance obligee will add liability property caused by accidental incident, i.e. inheritor's death. As a result, in the viewpoint of equality, it is reasonable to interpretate that an inheritance obligee has a preferential status as to the inherited property.


However, it is hard for the above logic and legal principle to be applied as it stands to the case of an inherent obligee who is not a mere general obligee but a person with a security rights on inherited property acquired from a qualified acceptor. The Supreme Court had strong arguments about this case and then presented the majority opinion, the dissenting opinion and the supplementary opinion. The majority opinion is that preference between the person who acquires a security rights such as mortgage on inherited property from a qualified acceptor and the inheritance obligee should follow the general principle under the Civil Code and an inheritance obligee cannot assert a preferential status just based on the ground of qualified acceptance. It seems that the majority opinion gave the weight to protecting safety of transaction. Considering i) the Civil Code does not provide any provision that directly restricts a disposal of inherited property or a method of public notice for the qualified acceptance and ¢¢)¡¡inherent obligee with a security rights on inherited property cannot be treated equally with general obligee since a qualified acceptor's disposal act is registered in the acquisition of a security rights on inherited property, it is hard to interpretate that an inheritance obligee has a preferential status as to the inherited property against the qualified acceptor's inherent obligee with a security rights. In this sense, the majority opinion is reasonable under the current system.


From the point of view of inheritor, qualified acceptance may be more useful than renunciation of succession regarding the remnant inherited property shall be invested after the completion of liquidation. In addition, qualified acceptance is a fair and rational type of succession since an inheritance obligee can prevent an inherited property from becoming liability property for an inheritor's inherent obligee and an inheritor's inherent obligee can also prevent an inheritor's inherent property from becoming liability property for an inheritance obligee. Actually the rate of a qualified acceptance application seems much higher than the past. Therefore, with this Supreme Court's ruling as a momentum, the discussion over the additional legislation about the qualified acceptance has to be continuous.