Court Rules 60 Percent Of Goo Hara’s Inheritance To Go To Father’s Side And 40 Percent To Mother
The court has ruled that Goo Hara’s inheritance will be split 6:4, rather than 5:5.
On December 21, it was shared that the Gwangju Family Court had recently made a judgment of a partial acceptance in the request for trial over inheritance division that had been submitted by Goo Hara’s brother Goo Ho In against their mother.
It was reported in March that Goo Ho In requested the trial after their mother claimed 50 percent of Goo Hara’s inheritance as the late singer’s direct ancestor, despite being absent for most of their lives and giving up parental rights and custody. It was stated that Goo Hara’s father has given his own share of the inheritance to Goo Hara’s brother.
Under current law, if someone dies with no spouse or children, their parents are able to receive their inheritance even if they did not personally raise them, except in extremely rare cases such as murder or the falsification of a will. This has meant that parents who abandoned their children can return and claim their inheritance after their death.
Even in the situation of a single parent raising a child on their own, it was a usual precedent for the court to not recognize their contributory portion and divide an inheritance equally between parents. The contributory portion system under Korean civil law adds contributory portion in the calculation of shares of inheritance when a co-inheritor has particularly taken care of the deceased for a considerable amount of time or has particularly contributed to the maintenance or increase of the deceased’s property.
According to the recent judgment, the family of the deceased’s contributory portion was determined by the court to be 20 percent. Therefore, Goo Hara’s inheritance was divided with her father and brother’s side receiving 60 percent and her mother receiving 40 percent, rather than each side receiving 50 percent.
It’s described that the court considered factors such as her father raising Goo Hara on his own for about 12 years, Goo Hara’s mother not visiting her for the same length of time, and there being no evidence that her father had interfered to stop their visitation.
Noh Jong Eon, the lawyer representing Goo Hara’s brother, stated on December 21 that the court’s judgment is a step forward under the system of current law, in which the “Goo Hara Act” has not yet passed.
During the legal dispute within their family, Goo Ho In has been working with Noh Jong Eon to create an act to change inheritance laws, known as the “Goo Hara Act,” which calls for the expansion of the reasons for disqualification to an inheritance. The act aims to help families in the future and it will not be applicable to the family’s own case.
Regarding the court’s ruling, Noh Jong Eon stated that one unfortunate aspect is that without the “Goo Hara Act” put through yet, it is realistically almost impossible for a court to rule that a parent who abandoned their child will completely lose their inheritance rights. “There is a pressing need for the passing of the ‘Goo Hara Act’ and we will continue to do our best to pass the ‘Goo Hara Act,'” he wrote. “We ask that you continue to show interest and support for its passing.”
Noh Jong Eon also told Maeil Business Newspaper, “We’re looking into appealing, but we have to follow the opinion of the family of the deceased. This is a very unusual judgment, so it requires thought.”