MBC News Extra  |  Interview with the late Goo Hara's older brother Goo Ho-in and attorney Noh Jong-eon

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Immediately after the 20th National Assembly's term expired and the Goo Hara Act was automatically scrapped, MBC 〈News Extra〉 interviewed the late Goo Hara's older brother Goo Ho-in and attorney Noh Jong-eon of Jonjae Law Firm. From the trigger for the petition to legislate the Goo Hara Act, to the reasons for the setbacks, and the future plans — we summarize the key points of the interview.

Trigger for the legislative petition — "The same thing happened in Cheonanham and Sewol as well"

Attorney Noh Jong-eon said that when he first heard the story of the late Goo Hara and took on the case, he was very shocked. In the process of looking for a solution, he noted that Article 1004 of the Civil Act limits the disqualification of heirs to extremely restricted cases such as murdering a person or forging a will, and came to the conclusion that a bill adding disqualifying grounds was needed.

Attorney Noh Jong-eon emphasized that this issue was not only Goo Hara's story. In the Cheonanham and Sewol incidents as well, there were cases where parents who had run away 10 to 20 years earlier suddenly appeared and collected their children's death insurance proceeds. Even if the Goo Hara Act were enacted, it would not apply to Goo Hara's case under the principle against retroactive legislation, but he said he prepared the petition for legislation so that no other family would suffer the same pain in the future.

Reasons for the legislative deadlock — Constitutional Court ruling and controversy over legal stability

The background to the difficulty in passing the Goo Hara Act included a 2018 decision by the Constitutional Court. The Court ruled that Article 1004 of the Civil Act, which does not designate parents who failed to fulfill their duty of support as grounds for disqualification from inheritance, does not violate the Constitution. Its reasoning was that the duty of support and inheritance are not concepts that correspond to each other, and that judging whether the duty of support was breached is subjective and could undermine legal stability.

Attorney Noh Jong-eon stated, "It is a very regrettable aspect, as it could become a decision contrary to the public's sound legal common sense and universal justice."

Parental authority and the duty of support are separate

In the interview, Attorney Noh Jong-eon made clear that parental authority and the duty of support are separate legal concepts. Even if parents divorce and lose parental authority, the obligation to pay child support remains. The duty of support exists regardless of whether parental authority is maintained or lost.

The late Goo Hara's father worked at construction sites and raised the siblings, and when Goo Hara debuted as a minor, he handled contract negotiations with the agency as her legal representative, managed housing, and settled finances. He made a substantial contribution to Goo Hara's growth into a top star. In contrast, the biological mother's side was claiming a 5:5 inheritance split according to the statutory inheritance share.

Thereafter — the journey and outcome of the Goo Hara Act

At the time of this interview, Attorney Noh Jong-eon said, "We will not give up and will work to ensure it passes the 21st National Assembly, and together with Democratic Party lawmaker Seo Young-kyo, we plan to push it as the No. 1 bill."

The Goo Hara Act was scrapped once more in the 21st National Assembly. However, Attorney Noh Jong-eon, Goo Ho-in, and lawmaker Seo Young-kyo did not give up. Finally, it passed the plenary session of the 22nd National Assembly on August 28, 2024 (284 in favor, 0 against, 2 abstentions), and the amended Civil Act Article 1004-2 has been in effect since January 1, 2026.

Six years from the legislative petition to the law's implementation. Jonjae Law Firm believes that the role of a lawyer is not only to win in court, but also to change the system itself so that the same pain is not repeated.