[News Terms] Public Opinion for Reform Grows Amid Park Soo-hong Family Controversy 'Kinship Exemption'

'Chinjoksangdorye (親族相盜例)' is a system under Article 328 of the Criminal Act that exempts or mitigates punishment for property crimes (such as theft, fraud, extortion, embezzlement, breach of trust, possession of stolen goods, obstruction of rights, etc.) committed among relatives, except for robbery and property damage, or requires a complaint to initiate prosecution.

Here, 'relatives' refers to blood relatives within the eighth degree, relatives by marriage within the fourth degree, and spouses. When the relationship between the victim and the perpetrator is a distant relative, the crime is treated as a complaint-based offense, and when the relationship is close, the punishment itself is exempted. Close relatives include direct blood relatives, spouses, cohabiting relatives, cohabiting family members, or their spouses.

Recently, controversy arose when Park Suhong’s older brother, Park Mo, was arrested and indicted on charges of embezzling Park’s appearance fees and earnings, and Park’s father was accused of attempting to abuse Chinjoksangdorye. The older brother, as a non-cohabiting relative, can be prosecuted if a complaint is filed within six months from the date the crime was discovered, but Park Suhong’s side claims that the father tried to avoid punishment by invoking Chinjoksangdorye.

Broadcaster Park Soo-hong appeared as a witness at the continuation trial of his older brother, who was indicted and detained on embezzlement charges, at the Seoul Western District Court on the afternoon of the 15th.
[Photo by Yonhap News]

There is also an opposing view that the system, which is intended to prevent state power from intervening in family matters and to resolve issues within the family, actually obstructs the protection of property rights and the pursuit of happiness guaranteed by the Constitution. Since it is a product of an era when the patriarch (father) had control over all family property and disciplined family members, there are calls to amend or abolish Article 328 of the Criminal Act to reflect contemporary circumstances.

According to a survey cited in the 'Review of Amendments to the Chinjoksangdorye Provisions in the Criminal Act' report published by the National Assembly Research Service in July 2021, 85% of respondents agreed that the Chinjoksangdorye provisions should be abolished. Minister of Justice Han Dong-hoon also expressed the opinion that "it is difficult to apply it as is in today’s society."

However, some express concerns about excessive intervention of public authority in family affairs. The Constitutional Court ruled the Chinjoksangdorye constitutional in 2012, stating that "the legislative intent is to prevent the peace of the family from being disturbed by criminal punishment."