'Introduction of Inheritance Disqualification System' Guha-ra Act Passes Cabinet Meeting... 'Civil Law Amendment Bill' to be Submitted to National Assembly on 18th

Exclusion of Inheritance 'Disqualification' from Substitution Inheritance Reasons
Forgiveness Possible Even with Grounds for Loss of Inheritance Rights

On November 25, 2019, the funeral hall for the late Goo Hara was set up at Seoul St. Mary's Hospital. This hall was designated for fans, while a separate funeral hall for family and acquaintances was arranged at another hospital. / Photo by Joint Press Corps

[Asia Economy Reporter Choi Seok-jin] On the 15th, a revision to the Civil Act that includes provisions to revoke inheritance rights if a parent seriously violates their child-rearing duties or abuses their child, or if a child seriously violates their duty to support their parents or abuses them, passed the Cabinet meeting.

This so-called "Koo Hara Act," aimed at preventing cases like that of the late Koo Hara, a former member of the group Kara, whose biological mother failed to fulfill her child-rearing duties for over 20 years but suddenly appeared after Koo’s death to inherit her estate, is expected to be implemented soon.

Additionally, the revision excludes "disqualification" from the reasons for substitute inheritance (代襲相續), where direct descendants or siblings who are heirs but die or become disqualified before the inheritance begins can have their direct descendants or spouses inherit instead. Now, substitute inheritance will only be recognized in cases of death. The newly established loss of inheritance rights is also not included as a reason for substitute inheritance.

The Ministry of Justice announced that the partial amendment to the Civil Act, which introduces the system of loss of inheritance rights, passed the Cabinet meeting today. The Ministry added that the amended bill approved at the Cabinet meeting will be submitted to the National Assembly on the 18th.

The amendment first allows the decedent to petition the family court to revoke inheritance rights if a potential heir seriously violates their duty to support the decedent, or commits serious criminal acts, abuse, or other severely unfair treatment against the decedent, their spouse, or direct relatives.

Besides the current disqualification system that prevents inheritance if the heir commits crimes such as murdering the decedent or coercing them into making a will through fraud or intimidation, this opens a path to revoke inheritance rights according to the decedent’s wishes.

The decedent can also express their intention to revoke inheritance rights through a will, in which case the executor of the will files a lawsuit for loss of inheritance rights with the court.

If the ruling on loss of inheritance rights is finalized after the decedent’s death and the commencement of inheritance, the inheritance rights are lost retroactively to the time of inheritance commencement, but the rights of third parties cannot be infringed.

The amendment stipulates that even if there are grounds for loss of inheritance rights, if the decedent forgives the heir, a petition for loss of inheritance rights cannot be made, and any previously issued ruling on loss of inheritance rights will lose its effect. However, forgiveness must be made through a notarized written document or a will certified by a notary public to be effective.

The amendment also judged that revoking inheritance rights of an heir while recognizing substitute inheritance for their spouse or children contradicts the purpose of the law. Therefore, it excludes "disqualification" from the reasons for substitute inheritance and, for the same reason, does not include "loss of inheritance rights" as a reason for substitute inheritance.

This revision to the Civil Act was prompted by Koo Hoo-in, the late Koo Hara’s brother, who petitioned for the enactment of the so-called "Koo Hara Act," stating that their biological mother, who abandoned the young Koo and ran away, was trying to claim half of the inheritance after Koo’s death.

The Ministry of Justice stated, "If this partial amendment to the Civil Act passes the National Assembly’s review and is promulgated and enforced, it is expected to prevent abuse and unfair treatment within families and to better reflect the decedent’s intentions in inheritance matters in line with changing times."