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'Goo Hara Act' takes effect prohibiting parents who neglect duties from inheriting
'Goo Hara Act' takes effect prohibiting parents who neglect duties from inheriting
The “Goo Hara Act” is now in effect in South Korea which prohibits parents who have neglected their duty of support for their children from inheriting.
The law took effect on Jan. 1 and was called after the late K-pop idol Goo Hara who died on Nov. 24, 2019 at age 28.
After Goo Hara died, her biological mother, who had left her when she was young, demanded inheritance.
In 2020, Goo Hara's older brother submitted a petition to the National Assembly, raising concerns about his mother, with whom he had lost contact for over 20 years, demanding inheritance after her death.
The new law amended South Korea’s Civil Act by adding a provision on the claim of inheritance by negligent parents.
Under the new Article 1004-2 (Declaration of Loss of Inheritance Rights) of the Civil Act, “If the person who is to become the heir is a lineal ascendant of the deceased and falls under any of the following subparagraphs, the deceased may express his or her intention to lose the right of inheritance by means of a will in the form of a notarized document pursuant to Article 1068. In this case, the executor of the will shall file a claim with the family court for the loss of the person's right of inheritance.
1. In case of serious violation of the duty of support to the deceased (limited to the duty of support to minors)
2. In case of committing a serious criminal act (excluding the case under Article 1004 ) or otherwise treating the deceased, his/her spouse, or a direct descendant of the deceased very unfairly.
It added that if there is no will left, “a joint heir may, within six months from the date on which he/she becomes aware that a person who is a direct ascendant of the deceased and falls under any of the following reasons has become the heir, file a claim with the family court for the loss of that person's right to inheritance.”
“If a declaration of loss of inheritance rights becomes final after the commencement of inheritance, the person who received the declaration shall lose the inheritance rights retroactively to the time of the commencement of inheritance.”
A court will decide on the matter.
Korea’s Supreme Court announced on Nov. 30 that it would introduce a system of declaration of loss of inheritance rights pursuant to Article 1004-2 of the Civil Act.
The amendment to the law did not gain support in the 20th and 21st National Assembly [Korea’s legislature].
Afterwards, the Ministry of Justice resubmitted the related bill to the National Assembly in June 2022, and it passed the bill subcommittee after about two years, and was implemented starting Jan. 1 this year.
Goo Hara debuted in K-pop girl group KARA in 2008.