Biological Mother Appears After 50 Years, Wins Appeal in Son's Life Insurance Claim Case

Missing due to past maritime accident... Body not found
3 billion KRW in death insurance and compensation before deceased
Older sister: "So devastating... Will go to Supreme Court"

An octogenarian birth mother who appeared after 54 years to claim her son's death insurance money won again in the appeal trial of the deceased's death insurance money lawsuit.

On the 31st, the 2-1 Civil Division of the Busan High Court (Chief Judge Kim Min-ki) dismissed the appeal of Kim Jong-seon (61), the daughter of the 80-year-old birth mother A and the elder sister of the late Kim Jong-an, in the appeal trial of the 'Confirmation of the Right to Claim Payment of Deposit' lawsuit filed by A against her. As a result, A was recognized as having the inheritance right to her son's death insurance money in the appeal trial as well as in the first trial. Previously, Suhyup had deposited about 230 million won of death insurance money of A's son, Kim Jong-an, with the court, and A filed a lawsuit claiming the right to this money.

Kim Jong-an went missing on January 23, 2021, after encountering a storm while boarding a fishing boat off the coast of Geoje, Gyeongnam. Due to this accident, about 300 million won in compensation was paid, including about 230 million won in death insurance money to the deceased and 50 million won in settlement money from the shipping company. Upon hearing this news, A appeared before the children she abandoned 54 years ago. According to the inheritance regulations of the Civil Act, as a direct ascendant, she is the first in line for inheritance and can receive the entire compensation. It is reported that A had cut off all contact with the three siblings she gave birth to after disappearing when the deceased was 2 years old.

On the 9th, at the 'Press Conference Urging the Passage of the Gu Hara Act and the Seonwon Gu Hara Act' held at the National Assembly Communication Office in Yeouido, Seoul, Kim Jong-an's elder sister, Kim Jong-seon, is wiping away tears while speaking.
[Photo by Yonhap News]

After the appeal trial verdict, the deceased's sister Kim Jong-seon said, "It is so devastating. We have not even found our younger brother's body, and the court recognizes the birth mother who abandoned him when he was 2 years old. How can this be?" she expressed her anger. She continued, "During the lawsuit process, I found out that the birth mother’s side claimed the deceased’s house and assets as their own," and added, "When I found out, I wanted to kill those people and then kill myself, but I did not do it because I wanted to change the law." Kim also said, "People who do not fulfill parental duties should be deprived of legal rights," and added, "Of course, this will go to the Supreme Court, and I will also visit President Yoon Seok-yeol and Minister of Justice Han Dong-hoon."

Earlier, on the 18th, the court proposed a mediation plan through a conciliation recommendation decision, ordering A to pay 100 million won, part of Kim’s death insurance money, to Kim Jong-seon, but A rejected it.

Kim Jong-seon is urging the prompt passage of the so-called 'Gu Hara Act,' which prohibits inheritance of property by parents who do not fulfill their child-rearing duties, like A. The 'Gu Hara Act' is named after the late singer Gu Hara, who passed away in 2019. Her brother, Gu Ho-in, petitioned for legislation to prevent a birth mother who abandoned the young Gu siblings and ran away from home from receiving half of the inheritance after Gu Hara’s death. However, the Gu Hara Act has been pending in the National Assembly for three years. In 2021, Representative Seo Young-kyo of the Democratic Party of Korea proposed related legislation, and the Ministry of Justice also submitted a similar bill to the National Assembly in June last year, but no discussions have taken place yet.