Supreme Court: Non-custodial Parent Not Responsible for Supervision of Minor Child's Illegal Acts

Supreme Court, Seocho-gu, Seoul.

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that a non-custodial parent cannot be presumed to have 'supervisory duty responsibility' for the illegal acts of their minor child.

Unless there are special circumstances such as having provided substantial guidance or advice on a regular basis, or having been able to specifically foresee the illegal act, the non-custodial parent is not liable for damages due to breach of supervisory duty.

On the morning of the 14th, the Supreme Court's First Division (Presiding Justice Kim Seonsu) overturned the lower court's partial ruling in favor of the plaintiff in a damages claim appeal filed by the victim's family against the non-custodial parent of the minor offender, and remanded the case to the Suwon High Court.

Previously, minor offender A threatened to "distribute nude photos," which led the victim to take their own life. The family filed a damages lawsuit against A's father, Mr. B, claiming breach of supervisory duty over the minor. Mr. B divorced his wife when A was 2 years old, and the mother was designated as the legal guardian and custodian.

The first and second trials ruled in favor of the victim's family, stating, "It is appropriate to consider that the duty of supervision is naturally imposed even if one is not designated as the legal guardian." This judgment was based on the premise that 'non-custodial parents also have a general supervisory duty over their minor children.' However, since damages were claimed jointly against Mr. B and the ex-wife, Mr. B's liability was set at 10%.

However, the Supreme Court ordered a retrial and reconsideration of the case. The court stated, "The lower court did not conduct any examination or judgment on whether there were special circumstances to recognize supervisory duty for the non-custodial defendant," and "The lower court erred by misunderstanding the legal principles regarding the supervisory duty of non-custodial parents over minors and failing to conduct necessary examination."

A Supreme Court official explained, "In principle, non-custodial parents are not liable for supervisory duty responsibility for the illegal acts of their minor children," and added, "this will serve as a precedent for determining whether to recognize damages liability of non-custodial parents in the future."