[스마트경제] The late Goo Hara’s real brother got some citations in a lawsuit for inheritance against his mother.
On the 21st, attorney Noh Jong-eon, who is in charge of the legal representative of the late Koo Hara’s brother Gu Ho-in, said on the 21st, “In relation to the request for a trial for the loss of inherited property between the mother and the bereaved family in the Gwangju District Court on the 18th, the judiciary decides the contribution of the bereaved family at 20%. “As a result, Goo Hara’s bereaved family and mother were divided into a 6:4 ratio rather than a 5:5 estate division,” he said.
He added, “The judgment of this court that recognized the contribution under the current legal system, taking into account all circumstances, etc., is an advanced judgment from the standpoint of the existing court under the current legal system where the Goo Hara Act has not yet been passed.”
Attorney Noh Jong-eon said, “Even if we respect the circumstances of the court as much as possible, it is practically impossible to lose the right to complete inheritance to parents who have abandoned their children unless the Goo Hara Act is revised,” he said. “I will do my best to pass the Goo Hara Act.”
Earlier, Gu Ho-in said that his mother, Goo Hara, left the house at the age of 9, and had not been contacted for 20 years, and after Goo Hara passed away, he came to a vacant place and requested an inheritance.
However, under the current law, the reasons for disqualification of inheritance are recognized only in limited cases, such as killing a family member or forging a will, so it is almost impossible for the birth mother to completely lose the right to inherit the inherited property of the late Goo Hara.
In March, Mr. Gu Ho-in filed a lawsuit against his mother to the Gwangju Family Court for a trial for division of inherited property, and petitioned for a legislative law stating that parents who forsaken their parenting obligations should limit the inheritance of their children’s property. The so-called’Goo Hara Act’ was voted as one of 32 bills resolved by the National Assembly Administrative Safety Committee in November.
The following is the full text of the official position of lawyer Noh Jong-eon.
Good morning
I am attorney Jong-Eon Roh, who conducted a trial on the division of inherited property on behalf of the survivors of Hara-yang Koo.
In connection with the request for a trial for the division of inherited property between the mother of Goo Hara and the family members of Goo Hara Yang, the first trial court, the Gwangju District Court, decided on December 18, 2020 that the contribution of Goo Hara’s survivors would be 20%. As a result, the legacy of Goo Harayang’s bereaved family and mother was not divided by 5:5, but by a ratio of 6:4. In the case of single-parent families raising their children alone, it was a mainstream precedent that the court did not recognize the contribution.
Under the current legal system, the court’s judgment, which acknowledged the contribution by comprehensively considering various circumstances, is an advanced judgment from the standpoint of the existing court under the current legal system, where the Goo Hara Act has not yet been passed.
The court cited the following points as the basis for acknowledging the contribution of the bereaved families of Goo Hara Yang as 20%.
① Parents are responsible for raising minor children jointly even if they divorce, so the fact that the father raised alone for about 12 years without the help of the other person cannot be regarded as simply a part of fulfilling the father’s obligation to support minor children. ,
② Article 1009 (2) of the Civil Code stipulates that the spouse’s inheritance is determined by adding 50% of the inheritance of the joint heir, taking into account the circumstances in which the spouse bears the obligation to live together and support while the marriage is maintained with the heir. Furthermore, intangible contributing behavior of spouse’s long-term cohabitation nursing can be actively considered as one of the factors for recognizing the contribution (refer to the Supreme Court’s decision on Nov. 21, 2019, 2014S44, 45). Similar to support, if one of the parents who bears the primary duty of support or the duty to maintain a life for a minor child is raising the child alone without the other’s help, there is no same rule as the legal inheritance of the spouse. It can be seen that there is a greater need to amend the legal inheritance of the father who raised Koo Hara alone for a long time.
③ The other party has not negotiated an interview with Goo Hara for about 12 years at all, and there is no indication that his father interfered with the interview with the other party.
④ Parents’ obligation to raise children who are minors is not a complete fulfillment by simply paying parenting expenses, but is a comprehensive duty to protect and educate children for their physical and mental development. Even if the income from Goo Hara’s singer activities did not separately pay for childrearing, it cannot be considered that she did not raise Goo Hara, and even if she could receive past child support from the other party, the part of raising Goo Hara alone is still fair. In light of the points that should be considered, it is considerable to see that the father specifically supported Goo Hara, so that it is necessary to adjust the claimant’s inheritance in order to promote substantial fairness among joint heirs.
⑤ In addition, the contribution of the surviving family is finally decided at 20%, taking into account the above circumstances and the fact that the past request for child support has been filed between the father and the other party in relation to the specific calculation criteria for the contribution.
One regret is that even if the court respects these circumstances as much as possible, it is practically impossible to judge that parents who have abandoned their children will lose their full inheritance rights unless the Goo Hara Act is amended.
In that respect, the passage of the Goo Hara Act is desperate, and we want to do our best without stopping to pass the Goo Hara Act. We sincerely ask for your continued interest and support for the passage of the Goo Hara Act.
And I would like to express my sincere gratitude to the many people who have cared for her.
December 21, 2020
Law Firm S
Lawyer Noh Jong-Eon
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