Biological Father Who Embezzled Basic Livelihood Benefits "Loss of Parental Rights"... Four Siblings Entrusted to Elderly Parents in Their 80s

Biological Father Embezzles Money Using 'Legal Representative' Status

The court has decided to partially revoke parental rights of a biological father who forced his elderly parents in their 80s, who were surviving on a small national pension, to raise his four minor children and embezzled the basic living allowance that was being provided to the children.

Korea Legal Aid Corporation
Photo by Yonhap News

On the 21st, Yonhap News reported that according to the Korea Legal Aid Corporation, Judge Jo Young-min of the Goyang Branch of Uijeongbu District Court ruled in a case filed by Mr. A, in his 80s, against his son and the biological father of his grandchildren, Mr. B, stating, "Mr. B shall lose the authority to represent in legal acts and the right to manage property among his parental rights."

Mr. A and his spouse took full responsibility for raising the four minor grandchildren entrusted to them by their son, Mr. B. Mr. B, who had five children during his marriage, remarried after his wife passed away due to illness. The five children and their stepmother had conflicts, and the stepmother verbally abused and mistreated the children, but the biological father, Mr. B, neglected the situation.

Eventually, the children contacted their grandparents, Mr. and Mrs. A, for help, and the couple began raising the four minor grandchildren out of the five children. Mr. and Mrs. A were not financially well-off, living on a small national pension. Fortunately, the four minor grandchildren attending elementary, middle, and high school were designated as basic livelihood security recipients, receiving a monthly cash allowance of 1.6 million KRW and 40 kg of rice, which helped sustain their livelihood.

In August of last year, the eldest minor grandchild, Ms. C, discovered that her bank account, where the basic living allowance was deposited, had been closed. Upon investigation, it was revealed that her biological father, Mr. B, had closed Ms. C’s bank account and opened a new account in his name, embezzling the basic living allowance that was supposed to be paid to his daughter.

Consequently, Mr. and Mrs. A took legal action against their son. They requested the local government to suspend the support payments and sought assistance from the Korea Legal Aid Corporation. The corporation deemed it necessary to restrict Mr. B’s exercise of parental rights over his minor children. Subsequently, they filed a petition with the court to revoke Mr. B’s parental rights and requested the appointment of the children’s aunt as their guardian, judging that the aunt was more suitable than the elderly couple in their 80s.

During the trial, Mr. B claimed that Mr. and Mrs. A withdrew and kept the basic living allowance to prevent its arbitrary use. However, it was proven false when it was confirmed that the check card linked to the account from which the allowance was embezzled was used at convenience stores, fast food restaurants, and other places. Mr. B also vehemently denied the stepmother’s abusive behavior.

The court stated, "It is evident that Mr. B, the parental right holder, arbitrarily withdrew the support funds paid on behalf of his minor children," and "Mr. B failed to properly manage his children’s property, putting them in jeopardy." The court then ruled to revoke Mr. B’s authority to represent in legal acts and manage property among his parental rights and appointed the children’s aunt as their guardian.

Na Young-hyun, a public legal officer representing Mr. A in the lawsuit, said, "While parental rights of biological parents should be protected, it is necessary to restrict parental rights if they seriously harm the protection and growth of the children."