Unfilial children and adulterous children cannot inherit, Constitutional Court says, “The reserve system is unconstitutional and inconsistent with the Constitution”

In 1977, when the idea of ​​favoring male children was prevalent, the “reserve share” system was introduced to prevent the eldest son from monopolizing the inheritance.

To ensure that the wife and daughter’s livelihood is guaranteed, the ratio of dividing the inheritance between spouse, children, and siblings has been set by law.

The Constitutional Court ruled for the first time in 47 years that some parts of the reserve system were unconstitutional and that some should be modified.

They say that dividing the inheritance between families who have cut off contact and lived like strangers or children who have abused their parents is an excessive violation of property rights.

Reporter Kim Sang-hoon will explain.

◀ Report ▶

The late singer Goo Hara passed away in 2019.

My mother, who I had not been in contact with for over 10 years, suddenly appeared asking me to share her inheritance.

[구호인/고 구하라 오빠]
″He didn’t raise Hara nor did he do anything for her.″

After a lawsuit, the mother received part of the inheritance.

The oil fraction system was introduced in 1977.

This is because the current civil law stipulates that when a person dies, depending on the inheritance order, the spouse or children each receive half of the legal inheritance, and the parents or siblings each receive one-third.

After divorce, she remarried and lived like a stranger, but when her son died, the mother, who returned for the first time in 54 years, received about 300 million won of her son’s death insurance money.

[김종선 씨/고 김종안 씨 친누나]
″If you’ve come here at least once, I can understand. This person’s biological mother abandoned her younger sibling when she was two years old… ″

After 47 years, the Constitutional Court decided that some provisions of this reserve system were unconstitutional and should be abolished, and that other laws should be amended.

“It is against the public law to inherit unfilial children who do not fulfill their duty of care and support, or who abandon or abuse their parents,” he said, adding, “Create a provision to exclude them.”

Conversely, the Constitutional Court also requested a provision that allows families who have cared for a deceased family member for a long time or contributed to the formation of their assets to have a larger inheritance.

[정성균/변호사]
″So that a person who has committed an immoral act can lose his or her right to the inheritance, and on the other hand, an heir who specifically supported the deceased, such as “lonely nursing,” can be recognized for his or her contribution… ″

They also decided to abolish the provision guaranteeing a portion of the inheritance to siblings, saying it was unconstitutional.

This is because “contributions or expectations for wealth formation are rarely recognized, and they are already excluded even overseas, such as in Germany and Japan.”

However, the Constitutional Court ruled that even if society and family systems change, the system that determines the reserved portion by law must remain constitutional and remain the same.

This is Sang-Hoon Kim from MBC News.

Video coverage: Jiyoon Son / Video editing: Jeonggeun Lee