Goo Hara’s Law Finally Sees Partial Revival In South Korea
The “Goo Hara Law,” which has been dormant since 2021, has finally seen some new hope.
On April 25, KST, the Constitutional Court unanimously ruled on Article 112, Section 4 of the Civil Code, and announced it unconstitutional. The civil code stipulated that family members are entitled to a part of the inheritance of the deceased, regardless of how their relationship was. Even if there is a will left behind, children and spouses are guaranteed half of the statutory inheritance share, while parents and siblings are guaranteed one-third of it.
This Civil Code garnered widespread criticism from the public after singer and actress Goo Hara’s death. Her life was tragically cut short at 28 years old in November 2019. Her biological mother, who had been estranged for over 20 years, allegedly showed up at her funeral and claimed her share in the deceased star’s estate.
Goo Hara’s older brother, Goo Ho In, filed a lawsuit against their mother, claiming she had no right to his sister’s inheritance since she abandoned her children when they were extremely young.
Goo Ho In’s lawsuit challenged the current inheritance law, which stipulates that parents are the sole inheritors of the deceased if they don’t have any children or a spouse. This meant Goo Hara’s mother had claim to half of her estate, while the other half was their father’s.
Despite her brother’s efforts, Goo Hara’s mother won the lawsuit and earned 40% of her estate. However, this case ended up sparking a huge debate among the public. In just 17 days, over 100,000 people signed a petition started by Goo Ho In, asking for changes to be made in the inheritance law.
With growing outrage, the National Assembly proposed the so-called “Goo Hara Law” in 2021, which stated that parents who neglect their duties toward their children were ineligible to be their inheritors. In June 2021, the Ministry of Justice also submitted a similar bill, which aimed to fortify inheritance in cases of family members violating significant obligations or partaking in abuse.
However, the Go Hara Law expired during the 20th National Assembly session and was subsequently discarded, while it remains pending in the 21st National Assembly. The Ministry of Justice’s inheritance disqualification system also failed to pass the National Assembly’s threshold.
The criticism against inheritance laws continued nonetheless, leading to the Constitutional Court determining that some of its regulations were unconstitutional. It partially abolished the current system, including the right of a sibling to claim inheritance unless they were promised a gift in advance. Additionally, inheritance will be determined based on the degree of contribution. The law must be passed by the National Assembly by December 31, 2025, for it to come into effect.
While the change is welcome, many law specialists stated that they will continue to push for more accurate enactment of the legislation.
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