The “Goo Hara Law,” which has been dormant since 2021, has lastly seen some new hope.
On April 25, KST, the Constitutional Court unanimously dominated on Article 112, Section 4 of the Civil Code, and introduced it unconstitutional. The civil code stipulated that members of the family are entitled to part of the inheritance of the deceased, no matter how their relationship was. Even if there’s a will left behind, youngsters and spouses are assured half of the statutory inheritance share, whereas mother and father and siblings are assured one-third of it.
This Civil Code garnered widespread criticism from the general public after singer and actress Goo Hara’s demise. Her life was tragically minimize brief at 28 years outdated in November 2019. Her organic mom, who had been estranged for over 20 years, allegedly confirmed up at her funeral and claimed her share within the deceased star’s property.
Goo Hara’s older brother, Goo Ho In, filed a lawsuit in opposition to their mom, claiming she had no proper to his sister’s inheritance since she deserted her youngsters after they had been extraordinarily younger.
Goo Ho In’s lawsuit challenged the present inheritance regulation, which stipulates that folks are the only inheritors of the deceased in the event that they don’t have any youngsters or a partner. This meant Goo Hara’s mom had declare to half of her property, whereas the opposite half was their father’s.
Despite her brother’s efforts, Goo Hara’s mom gained the lawsuit and earned 40% of her property. However, this case ended up sparking an enormous debate among the many public. In simply 17 days, over 100,000 individuals signed a petition began by Goo Ho In, asking for adjustments to be made within the inheritance regulation.
With rising outrage, the National Assembly proposed the so-called “Goo Hara Law” in 2021, which acknowledged that folks who neglect their duties towards their youngsters had been ineligible to be their inheritors. In June 2021, the Ministry of Justice additionally submitted an identical invoice, which aimed to fortify inheritance in instances of members of the family violating important obligations or partaking in abuse.
However, the Go Hara Law expired in the course of the twentieth National Assembly session and was subsequently discarded, whereas it stays pending within the twenty first National Assembly. The Ministry of Justice’s inheritance disqualification system additionally didn’t move the National Assembly’s threshold.
The criticism in opposition to inheritance legal guidelines continued nonetheless, resulting in the Constitutional Court figuring out that a few of its laws had been unconstitutional. It partially abolished the present system, together with the suitable of a sibling to say inheritance except they had been promised a present prematurely. Additionally, inheritance can be decided primarily based on the diploma of contribution. The regulation have to be handed by the National Assembly by December 31, 2025, for it to come back into impact.
While the change is welcome, many regulation specialists acknowledged that they are going to proceed to push for extra correct enactment of the laws.
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Source: www.koreaboo.com