[Hankyung Law & Biz] "She's no longer my daughter"…Kim Byung-man's reason for severing his legal father-daughter relationship _ Yoon Ji-sang's Household Unboxing

Attorney Yoon Ji-sang, Managing Attorney  |  Hankyung Law & Biz Law Street Column

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Kim Byung-man’s Full Adoption Dissolution Ruling — From Entertainment to a Social Issue

According to Managing Attorney Yoon Ji-sang’s column, comedian Kim Byung-man remarried in 2010 and adopted his spouse’s daughter as a full adoptee, but after their separation in 2019, the father-daughter relationship began to strain. After the divorce was finalized in 2023, he filed a lawsuit seeking dissolution of the full adoption. Although the claim was dismissed in the first and second trials, he won in the third trial. The court found that the case fell under the category of “when the welfare of the full adoptee is significantly harmed,” and as a result of this ruling, the daughter’s inheritance rights and all legal status were extinguished.

The Weight of a Parent-Child Relationship That Can Exist Without Blood Ties

In the column, Managing Attorney Yoon Ji-sang points out the two pillars of parent-child relationships under Korean civil law. One is the biological parent-child relationship based on blood ties, and the other is the statutory parent-child relationship recognized by law (adoption). An adoptive relationship carries the same legal effect as a biological child in all respects, including parental rights, support, and inheritance. In the case of a child born out of wedlock, such as the Jung Woo-sung–Moon Ga-bi case, a separate paternity acknowledgment procedure is required with the biological father. By contrast, full adoption legally terminates all kinship ties with the natural parents and grants the child the exact same status as a child born during the adoptive parents’ marriage.

General Adoption and Full Adoption — The Barrier to Dissolution Is Different

Managing Attorney Yoon Ji-sang clearly explains the difference between the two systems in the column. General adoption is established by the parties’ agreement and filing, preserves the relationship with the natural parents, and dissolution is relatively flexible. Full adoption, on the other hand, is established only through a family court judgment, and while it completely severs ties with the natural parents, dissolution is permitted only on extremely limited grounds. Article 908-5 of the Civil Act permits dissolution only when the adoptive parents abuse or abandon the child, or when the welfare of the full adoptee is significantly harmed, or when the full adoptee’s unfilial conduct makes the relationship impossible to maintain.

"We Must Reflect on the Weight of a Permanent Family Relationship"

Managing Attorney Yoon Ji-sang concludes the column as follows. Full adoption is not merely a childcare arrangement, but the creation of a lifelong legal blood relationship. This relationship is not easily dissolved, and even in the process of dissolution, the child’s welfare is given top priority. Since the responsibilities and duties arising from full adoption are effectively permanent, the parties should fully consider its weight and meaning before making a careful decision.

"Family Law Unboxed" series is regularly serialized in Hankyung Law & Biz Law Street of The Korea Economic Daily. Managing Attorneys Yoon Ji-sang and Noh Jong-eon of Law Firm Jonjae take turns unpacking key issues in divorce and inheritance based on practical experience.

Watch the video on Law Firm Jonjae YouTube 'Family Law Unboxed' channel