Increase in Family Disputes Over Property Division
Corporate Governance Undergoes Changes
As societal changes shake traditional family values, family law cases are increasing every year, and the related legal market is also expanding. In particular, for corporations, issues such as divorce and inheritance within the owner family are linked to changes in corporate governance, so these matters are no longer just 'family affairs.' Legal issues surrounding families are being raised in a wide range of areas, significantly affecting not only the parties involved but also various parts of society. However, there is criticism that the current family law and precedents do not reflect the changed social realities and family perspectives. Amid this, attention is focused on whether the newly launched Family Law Research Association within the courts will conduct in-depth research on family systems and related laws.
According to a comprehensive report by the Legal Times, on the 1st of this month, the 'Family Law Research Community' was newly established within the courts. The president is Kim Si-cheol (59, Judicial Research and Training Institute class 19), currently the presiding judge of the Family Division 2 at the Seoul High Court, and the vice president is Park Jong-taek (59, class 22), a senior judge at the Seoul Central District Court and former chief judge of the Suwon Family Court. Lee Kwang-woo (52, class 31), senior judge at the Seoul Family Court, Lee Seon-mi (46, class 34), judge at the Daejeon High Court, and Song Hyun-jong, chief investigator at the Seoul Family Court, participate as secretaries. Including them, over 50 judges have joined so far.
The number of family cases such as divorce and inheritance filed in courts is increasing every year.
According to the Supreme Court Judicial Yearbook, in 2022, a total of 177,310 family cases were filed nationwide, a 23.2% increase compared to 143,874 cases filed in 2013. The number of cases filed has been rising annually, with 171,671 cases in 2020 and 174,973 cases in 2021.
Cases related to statutory reserved portions (yuryubun), one of the representative legal disputes among family members, are also on the rise. Last year, 2,035 yuryubun-related cases (based on first-instance substantive trials) were filed in courts, nearly tripling compared to 771 cases in 2014.
Among ongoing family-related lawsuits in courts, many involve corporate owner families. The divorce lawsuit between Choi Tae-won, chairman of SK, and Noh So-young, director of Art Center Nabi, is known as the 'Bible of divorce cases' due to its numerous legal issues. Koo Kwang-mo, chairman of LG Group, is undergoing a first-instance trial after his stepmother and two younger sisters filed inheritance recovery claims. A yuryubun claim lawsuit involving the BYC family is also underway. These cases involving corporate owner families can affect not only the individuals involved but also the business community.
In this context, the Family Law Research Association was launched within the courts to conduct in-depth legal studies on family systems. The association is expected to share theories and practical experiences related to family law and discuss ways to provide practical assistance to those involved in trial practice and investigative work.
President Kim Si-cheol stated, “Family systems are the starting point of all social systems, so legal disputes related to them appear in a wide range of areas in very diverse forms. It is clear that family lawsuits, family non-contentious procedures, juvenile protection, and family protection, which are under the jurisdiction of family courts according to current law, are typical legal dispute resolution procedures. Also, disputes related to inheritance recovery claims and yuryubun return claims, which are governed as civil cases by nature, require an understanding of the special characteristics of family relationships to make appropriate judgments.”
He added, “Legal disputes related to ‘family systems’ often have significant mutual influence among various legal issues. Therefore, there is a need for in-depth research from a legal academic perspective, and I believe it is necessary to practically provide those interested in family law with opportunities to ‘share what they have with other members and collaborate.’”
To commemorate its founding, the Family Law Research Association held a seminar on the 18th at the Seoul Family Court in Yangjae-dong, Seocho-gu, Seoul, jointly with the Parent Education Joint Research Association under the Supreme Court, on the topic of ‘Research on Joint Custody after Divorce.’ At the seminar, Judge Lim Se-jun (37, class 42) of the Seoul Family Court presented, and investigator Na Young-sim of the Seoul Family Court participated in the discussion.
Han Su-hyun, Legal Times Reporter
※This article is based on content supplied by Law Times.
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