Court rules unconditional inheritance of property to family members is unconstitutional

Constitutional Court President Lee Jong-seok and judges sit in the grand jury room of the Constitutional Court in Jongno-gu, Seoul, on Friday to decide on the unconstitutionality of the fuel subsidy system. By Chung Hyo-jin

The Constitutional Court ruled that the legal reserve of inheritance system, which forces siblings, children, spouses, and parents to inherit more than a certain percentage of their estate regardless of the deceased's wishes, was unconstitutional. It was considered unconstitutional that the system of unconditionally inheriting property even to family members who committed immoral or abusive behaviors to the deceased. The Constitutional Court's decision on the unconstitutionality of the system came 47 years after it was introduced in 1977.

The Constitutional Court unanimously ruled that Article 1112(4) of the Civil Code, which stipulates the percentage of the legal reserve of inheritance for siblings, was unconstitutional. The article stipulates that the siblings of the deceased have the right to receive one-third of the legal inheritance as legal reserve. According to the recent Constitutional Court's decision, the provision will cease to be effective immediately.

"The siblings of the deceased are rarely recognized for their contribution to the formation of the inheritance or their expectation of the inheritance. Therefore, there is no justification for granting them the right of inheritance," The Constitutional Court said.

The Court unanimously ruled that Article 1112, paragraphs 1, 2, and 3 of the Civil Code, which stipulates the proportion of the legal reserve of inheritance to children, spouses, and parents, was unconstitutional. The article stipulates that direct descendants and spouses of the deceased receive one-half of the legal inheritance, while direct ascendants receive one-third.

The Constitutional Court held that the inheritance system itself is justified in that it protects the right of the bereaved to survive. However, it said the law should stipulate the reasons why the children, spouse, and parents of the deceased can lose their share. It said, “It is contrary to the legal sentiment and common sense of the public to recognize the legal reserve of heirs who committed immoral acts, such as long-term abandonment or mental and physical abuse, to a decedent." It added, "It is unreasonable that Article 1112 of the Civil Code does not separately stipulate the reasons for the loss of legal reserve.” The National Assembly has to revise the article by December 31 next year. Until then, it will continue to be effective.

Controversy has long been raised over the constitutionality of the system. When singer Goo Hara died in 2019, her mother, who had been out of contact for more than 20 years, claimed her right to the inheritance, creating controversy over the system.

"This is the first decision to comprehensively examine and rule on the legitimacy of the legislative purpose of the inheritance system itself, as well as the constitutionality of each article," the Constitutional Court said. It is meaningful that the court declared unconstitutionality of the articles and called for legislative improvements while continuing to recognize the constitutional legitimacy of the system.”

※This article has undergone review by a professional translator after being translated by an AI translation tool.