Park Soo-hong's Older Brother and Father Triggered Kinship Exemption... Average 800 Kin Economic Crimes Annually

Failure to Reflect Social Changes Such as the Dissolution of Familism
Consideration of Victim Characteristics and Exclusion of Certain Crimes Proposed
Opinions on Applying the Complaint Principle Also Raised

[Asia Economy Reporter Oh Gyumin] During the prosecution's confrontation investigation related to the embezzlement by broadcaster Park Suhong's older brother, Park Suhong's father claimed that he himself committed the embezzlement. The controversy over the exemption of punishment for familial property crimes under the "Chin-jok Sang-do-rye" (relatives' exemption rule) has surfaced. Minister of Justice Han Dong-hoon also acknowledged the need for revision during the National Assembly audit, calling it an "old concept," but experts differed on the direction of the amendment.

On the 4th, Park Suhong appeared at the Seoul Western District Prosecutors' Office for a confrontation investigation with his older brother Park and others. Just before the investigation, an unfortunate incident occurred where Park Suhong's father verbally abused him with threats such as "I will stab you with a weapon" and physically assaulted him. Park Suhong was transported to a nearby hospital but completed the confrontation investigation via his mobile phone. During this process, the father reportedly claimed that he, not the older brother, managed Park Suhong's bank accounts and assets.

Good Intentions but... An Average of 800 Familial Economic Crimes Annually Over 3 Years

This has raised voices suggesting that the father might be trying to take the blame instead of the older brother by exploiting the "Chin-jok Sang-do-rye." This rule exempts punishment for perpetrators of property crimes against close relatives such as direct blood relatives or spouses, and for other relatives, it is treated as a "complaint crime" (a crime that can only be prosecuted if the victim files a complaint), requiring a complaint within six months from the day the offender is known, or else punishment is not possible.

The purpose of the Chin-jok Sang-do-rye originates from Roman law's principle that "the law does not cross the threshold of the home." It also reflects Korean societal values that family disputes should be resolved within the household. The Constitutional Court explained the intent as "it is desirable that state criminal jurisdiction does not interfere with internal family matters and aims to prevent the peace of the family from being disturbed by criminal punishment."

However, due to social changes such as the breakdown of familism and increasing family conflicts, the original intent is becoming meaningless. According to the National Police Agency crime statistics, the number of people committing economic crimes (fraud, embezzlement, breach of trust, special economic crimes) against relatives averaged 800 annually over the past three years.

Opinions Suggest Excluding Crimes with Severe Harm or Specific Victim Characteristics

In particular, there are many cases where the Chin-jok Sang-do-rye is so-called "abused" against socially vulnerable groups. Relatives sometimes exploit disabled individuals to embezzle money. In January last year, the Seocho Police Station booked three relatives, including a mother and daughter with intellectual disabilities, on charges of embezzling insurance premiums and apartment sale proceeds over several years. According to the Ministry of Health and Welfare's report on disability abuse, the average number of "economic exploitation" cases where the perpetrator is a relative and the victim is disabled was 60 annually over three years. Cases of children economically abusing elderly parents are also increasing. According to the Elder Abuse Status Report, the number of "economic abuse" cases among elder abuse incidents was 319 in 2019, 334 in 2020, and 343 last year.

Therefore, opinions have emerged to exclude the application of Chin-jok Sang-do-rye in cases where the victim is elderly or disabled and in crimes such as fraud and embezzlement. Professor Ryu Ki-hwan of the Department of Police Administration at Sehan University stated in , "While the rule was premised on a certain level of understanding and tolerance for familial property crimes, it is necessary to consider excluding its application to crimes recognized as having significant harm, such as fraud, extortion, embezzlement, breach of trust, and special criminal laws."

Professor Ryu added, "In the same vein, if the perpetrator used the victim's intellectual disability or similar conditions to commit crimes under the pretext of being a relative, the harm and blameworthiness of the individual crime render the legislative intent of the Chin-jok Sang-do-rye meaningless. Therefore, its application should be excluded in such cases above all others."

Respect for Victims' Wishes Needed... Proposal to Introduce Complaint Crime for Close Relatives

On the other hand, there are calls to introduce complaint crimes instead of exemption from punishment so that the victim's wishes can be reflected when punishing relatives. Researcher Seung Jae-hyun of the Korea Institute of Criminal Justice Policy said, "If the Chin-jok Sang-do-rye is abolished, third parties may excessively exercise criminal jurisdiction by reporting family crimes. Reflecting current social conditions, it is necessary to delete the complaint crime applied to distant relatives to allow punishment and create complaint crimes for close relatives to respect the victim's wishes."