🚨 Goo Hara Law

Today Korean Social News for Beginners | 2026.01.01

0️⃣ Limiting Inheritance Rights of Parents Who Abandoned Parenting, Legal Framework for Family Responsibility

📌 'Goo Hara Law' Takes Effect Today… Parents Who Neglected Parenting Lose Inheritance Rights

💬 The 'Goo Hara Law' takes effect on January 1, 2026. This law limits inheritance rights of parents who seriously violated their parenting duties toward their children. Inspired by the case of late singer Goo Hara, this law passed the National Assembly in August 2024 after six years of discussion and was enacted as Article 1004-2 of the Civil Act. The deceased can express their intent to exclude inheritance through a will during their lifetime, and if there is no will, co-heirs can request the family court to forfeit inheritance rights. The court makes the final decision on inheritance limitation, aiming to protect families who fulfilled their parenting responsibilities. The law was created because of repeated unfair cases where parents who abandoned parenting demanded inheritance after their children's death, forming strong social consensus.

💡 Summary

• The Goo Hara Law limits inheritance rights of parents who seriously violated their parenting duties.
• It takes effect on January 1, 2026, enacted as Civil Act Article 1004-2.
• Family courts determine inheritance forfeiture through wills or co-heirs' claims.

1️⃣ Definition

The Goo Hara Law is a civil law amendment that limits inheritance rights of parents who seriously violated their parenting duties toward their children. Its official name is Civil Act Article 1004-2 (Claim for Forfeiture of Inheritance Rights), which passed the National Assembly in August 2024 and takes effect on January 1, 2026.

The core of the law is to prevent parents who did not fulfill their parenting responsibilities from claiming inheritance rights after their child's death. The deceased child can express their intent to exclude inheritance through a will during their lifetime, and even without a will, co-heirs (such as siblings) can request the family court to forfeit inheritance rights. The court comprehensively considers the degree of parenting duty violation, relationship with the deceased, contribution to wealth formation, and other factors to determine whether to limit inheritance rights.

💡 Why is this important?

• It prevents unfair cases where parents who neglected parenting inherit their children's wealth.
• It legally clarifies the importance of responsibility and duty in family relationships.
• It protects the rights of family members who took on parenting responsibilities.
• It strengthens fairness and social justice in the inheritance system.

2️⃣ Background and Legislative Process of the Goo Hara Law

📕 Social Background for the Law

• Singer Goo Hara's case triggered the legislation. Key events include:

  • In November 2019, inheritance issues arose after singer Goo Hara's death.
  • Goo Hara's mother left the family during her childhood and did not participate in parenting.
  • However, as a direct ancestor under civil law, the mother could claim inheritance rights.
  • Goo Hara's brother advocated for legislation to limit the mother's inheritance rights.

• Similar unfair inheritance cases were repeated. Key issues include:

  • Parents who did not pay child support and cut off contact demanded inheritance after their children's death.
  • Parents claimed legal inheritance portions even though children built wealth alone.
  • The existing Civil Act lacked provisions limiting inheritance for violation of support duties.
  • Social consensus formed that such cases were unfair.

📕 Legislative Process and Key Issues

• The bill passed after six years of discussion. The main process includes:

  • First proposed in 2020, it underwent multiple revisions and supplements.
  • There was debate on how to balance constitutional property rights and family relationships.
  • It took time to clarify court judgment standards and procedures.
  • It passed the National Assembly plenary session in August 2024, establishing Civil Act Article 1004-2.

• The intent was first reflected through phased legislation. Prior legislation includes:

  • In 2021, the Public Officials Pension Act and Public Officials Disaster Compensation Act were amended to implement the 'Public Officials Goo Hara Law'.
  • The Military Pension Act and Fishermen's Disaster Compensation Insurance Act were similarly amended.
  • These were measures to prevent unfair inheritance through individual laws before Civil Act amendment.
  • This prior legislation supported the legitimacy of Civil Act amendment.

📕 Constitutional Court Decision and Reserved Portion System Improvement

• In 2024, the Constitutional Court ruled the reserved portion system unconstitutional. Key points include:

  • The reserved portion is a system that guarantees minimum inheritance to legal heirs.
  • The Court ruled that the system excessively restricts the deceased's freedom of will.
  • It noted that guaranteeing reserved portions even to heirs who did not fulfill support duties is unfair.
  • It ordered improvement legislation by June 2026.

• The Goo Hara Law reflects the Constitutional Court's decision. Key significance includes:

  • Inheritance limitation provisions can prevent unfair reserved portion claims.
  • It respects the deceased's wishes and establishes principles of family responsibility.
  • It enhances fairness in the inheritance system and realizes social justice.
  • It is expected to lead to overall improvement of the reserved portion system.

💡 Key Issues of the Goo Hara Law

1. Standards for Parenting Duty Violation: Judgment criteria for what constitutes serious violation
2. Court Discretion: Concerns about consistency in family court judgments
3. Increased Family Disputes: Possibility of intensified family conflicts over inheritance rights
4. Burden of Proof: Who proves parenting duty violation and how
5. No Retroactive Application: Not applicable to deaths before the effective date

3️⃣ Specific Content and Application Procedures

✅ Requirements for Inheritance Limitation

• Applies when direct ancestors seriously violated parenting duties. Key requirements include:

  • When parents did not fulfill support obligations toward minor children.
  • It must be a 'serious' violation, not just loss of contact.
  • Typical reasons include non-payment of child support, neglect, and abandonment.
  • Courts comprehensively judge the degree, period, and circumstances of violation.

• Also includes criminal acts against the deceased. Key content includes:

  • When harming or attempting to harm the deceased.
  • When seriously insulting or abusing the deceased.
  • This expands the reasons in existing Civil Act Article 1004 (Forfeiture of Inheritance Rights).
  • It clarifies crimes in family relationships as grounds for inheritance limitation.

✅ Inheritance Forfeiture Claim Procedure

• The deceased can exclude inheritance through a will during their lifetime. Key procedures include:

  • The deceased specifies in their will the intent to exclude certain heirs' inheritance rights.
  • Must follow Civil Act will formats: handwritten document, notarized document, recording, etc.
  • The will takes effect upon the deceased's death and applies without court judgment.
  • However, if there is a reserved portion claim, the court may make the final judgment.

• Co-heirs can file claims with family court. Key procedures include:

  • Without a will, co-heirs like siblings file inheritance forfeiture claims with the court.
  • Claims are possible after inheritance begins (death), with possible filing period limitations.
  • Family courts examine the degree of parenting duty violation and relationship with the deceased.
  • Once the court decision is finalized, the heir loses inheritance rights.

✅ Court Judgment Standards

• Comprehensively considers the seriousness of parenting duty violation. Key standards include:

  • Confirms period and amount of unpaid child support, period of no contact, etc.
  • Examines parents' financial capacity and intentionality of parenting refusal.
  • Evaluates degree of mental and material damage suffered by the child.
  • Also considers whether parents later attempted reconciliation or made efforts to restore the relationship.

• Evaluates the deceased's contribution to wealth formation. Key content includes:

  • Confirms whether the deceased formed wealth independently.
  • Examines whether there was any economic or emotional support from parents.
  • Maximally respects the deceased's wishes (lifetime opinions, wills, etc.).
  • Judges whether inheritance limitation is not excessive and meets proportionality principles.

4️⃣ Related Terms

🔎 Civil Act Article 1004-2

• Civil Act Article 1004-2 is the legal basis for the Goo Hara Law.
  • Civil Act Article 1004-2 (Claim for Forfeiture of Inheritance Rights), amended in August 2024, provides that inheritance rights can be limited when direct ancestors seriously violated support duties toward the deceased. This expands the grounds in existing Civil Act Article 1004 (Forfeiture of Inheritance Rights).
  • Article 1004-2, Paragraph 1 states "The deceased may limit by will the inheritance rights of direct ancestors who fall under any of the following." Grounds include: first, when seriously violating support duties toward the deceased; second, when harming or attempting to harm the deceased; third, when seriously insulting or abusing the deceased.
  • Paragraph 2 states "For those falling under Paragraph 1 without the deceased's will, co-heirs may claim total or partial forfeiture of inheritance rights to the family court." This allows prevention of unfair inheritance even when the deceased could not leave a will. Courts examine claims and decide on inheritance limitation, which takes effect when finalized.

🔎 Reserved Portion System

• The reserved portion guarantees minimum inheritance to legal heirs.
  • The reserved portion system guarantees minimum inheritance to certain legal heirs even if the deceased freely disposes of property through a will. Regulated under Civil Act Article 1112 and following, spouses and lineal descendants have rights to 1/2 of the legal inheritance portion, while lineal ascendants and siblings have rights to 1/3.
  • The system's purpose is to guarantee family livelihood and fairness among heirs. When the deceased leaves property only to some heirs or gifts/bequeaths to third parties, it protects other legal heirs from losing minimum livelihood foundation. Heirs whose reserved portions are violated can claim return of the violated amount.
  • In 2024, the Constitutional Court ruled the reserved portion system unconstitutional. The Court judged that mechanically guaranteeing reserved portions even to heirs who did not fulfill support duties excessively restricts the deceased's freedom of will and contradicts substantial justice. It ordered improvement legislation by June 2026, and the Goo Hara Law reflects this Constitutional Court decision.

🔎 Public Officials Goo Hara Law

• The Public Officials Goo Hara Law is a prior legislative case before Civil Act amendment.
  • The Public Officials Goo Hara Law, implemented in 2021, amended the Public Officials Pension Act and Public Officials Disaster Compensation Act so parents who did not raise their children cannot receive pensions or compensation when public official children die. It first applied the Goo Hara Law's intent to individual laws before Civil Act amendment.
  • Amendment contents include: first, limiting the scope of survivors eligible for survivor pensions when public officials die during service; second, limiting survivor pension eligibility when parents did not raise public official children or fulfill support duties; third, applying same standards to public officials disaster compensation; fourth, having family courts judge parenting abandonment.
  • The Public Officials Goo Hara Law was a measure to prevent actual damage before Civil Act amendment, with similar provisions added to the Military Pension Act and Fishermen's Disaster Compensation Insurance Act. This phased legislation formed social consensus and supported Civil Act amendment legitimacy. After Civil Act amendment, the same principle applies to general inheritance, ensuring system consistency.

🔎 Inheritance Forfeiture System

• Inheritance forfeiture deprives inheritance qualification for certain reasons.
  • The inheritance forfeiture system, regulated in Civil Act Article 1004, deprives inheritance qualification when heirs commit certain misconducts. This is a mechanism to maintain inheritance order and protect the deceased's wishes.
  • Existing Civil Act Article 1004 grounds for inheritance forfeiture include: first, intentionally killing or attempting to kill direct ascendants, the deceased, their spouse, or those in higher/same inheritance order; second, intentionally injuring direct ascendants, the deceased, or their spouse leading to death; third, obstructing the deceased's will or will revocation through fraud or coercion; fourth, causing the deceased to make a will through fraud or coercion; fifth, forging, altering, destroying, or concealing the deceased's will.
  • The Goo Hara Law (Civil Act Article 1004-2) adds 'serious violation of support duties' to these inheritance forfeiture grounds. While existing Article 1004 mainly targeted criminal acts, Article 1004-2 emphasizes parenting and support responsibilities in family relationships. Both provisions work complementarily to enhance inheritance system fairness.

5️⃣ Frequently Asked Questions (FAQ)

Q: When does the Goo Hara Law apply?

A: It applies from deaths after January 1, 2026, and is not retroactive.

• The Goo Hara Law (Civil Act Article 1004-2) takes effect on January 1, 2026, and applies to inheritances of deceased persons from this date forward. It does not apply to inheritances that occurred before the law's implementation. In other words, for deaths before December 31, 2025, the Goo Hara Law cannot be applied and inheritance follows existing Civil Act provisions.
• However, wills can be prepared in advance. Even if a will is written before January 1, 2026, if the deceased dies after January 1, 2026, it is recognized as an inheritance limitation will under the Goo Hara Law. Therefore, if you want to prevent parents who did not fulfill parenting duties from inheriting, it is good to prepare a will even before the law takes effect. It is recommended to write it in a legally effective format like a notarized will and seek legal advice if possible.

Q: What cases constitute serious violation of parenting duties?

A: Non-payment of child support, long-term loss of contact, neglect, abandonment, etc. Courts judge comprehensively.

• The specific standard for 'serious violation' is not specified in the law, and family courts judge each case individually. Generally considered factors include: first, period and amount of unpaid child support; second, period of cutting off contact and severing relationships with the child; third, whether parents intentionally refused parenting despite financial capacity; fourth, degree of economic and mental damage suffered by the child.
• For example, if parents did not pay any child support after divorce and lived cutting off contact for over 10 years, then demand inheritance after the child succeeds and accumulates wealth before dying, this likely constitutes serious violation. However, if parents could not pay child support due to lack of financial capacity, or if the relationship became distant after the child became an adult, it may be difficult to see as serious violation. Courts comprehensively consider parents' intent, efforts, circumstances, etc., so conclusions may vary depending on specific facts.

Q: What if no will was prepared?

A: Co-heirs can file inheritance forfeiture claims with family court to prevent inheritance.

• Even if the deceased could not prepare a will during their lifetime, the Goo Hara Law can still apply. Co-heirs like siblings can file inheritance forfeiture trials with family court. The court examines the degree of parenting duty violation, relationship with the deceased, contribution to wealth formation, etc., and decides on inheritance limitation.
• Filing procedures include: first, submit an inheritance forfeiture trial claim to the family court with jurisdiction after inheritance begins (death); second, submit evidence proving parenting duty violation (unpaid child support records, evidence of no contact, etc.); third, the court summons parties to hear statements and examine; fourth, once the court decision is finalized, the heir loses inheritance rights. However, court procedures take time and cost, and may intensify family conflicts, so it is preferable to prepare a will during lifetime if possible. Consider proceeding with a lawyer's help.

View Table of Contents

• Go to Guide