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[Hankyung Law & Biz] "Trying to seize the 3.4 billion won inheritance left by their parents…" The cold-blooded older brother's true face _ Noh Jong-eon's Family Law Unboxing

[Hankyung Law & Biz] "Trying to seize the 3.4 billion won inheritance left by their parents…" The cold-blooded older brother's true face _ Noh Jong-eon's Family Law Unboxing

Attorney Noh Jong-eon, Managing Partner | Hankyung Law&Biz Law Street Column

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* This post has been substantially abridged to protect the intellectual property rights of The Korea Economic Daily. You can find the full text in the attached link.

 

'Wangsukcheon Incident' — A Tragedy Created by an Inheritance Worth 3.4 Billion Won

Attorney Noh Jong-eon analyzes the reality of family crimes surrounding inheritance through the 'Wangsukcheon Incident,' which shocked the entire nation in 2021, in this column. The perpetrator, Mr. A, was indicted on charges of causing his younger brother, who has a second-grade intellectual disability, to drown to death in Wangsukcheon after making him drink alcohol and even giving him sleeping pills, in order to seize his 3.4 billion won inheritance. The first trial found him guilty of murder and sentenced him to 30 years in prison, but the second trial acquitted him of murder and sentenced him to 10 years in prison for abandonment resulting in death, which was finalized.

 

The Four Most Common Types of Inheritance Crimes Today

According to Attorney Noh Jong-eon's column, the most common inheritance-related crimes today fall into four types. First, secretly taking a parent's seal stamp and ID card to prepare a gift or gift-in-writing contract. Second, withdrawing cash using a check card or bankbook. Third, managing a parent's digital certificate and password while transferring cash to one's own account. Fourth, forging a will. These crimes often only come to light after the parent dies, and in some cases, to conceal the offense, elderly parents are controlled to the point of confinement.

 

Family Environments Where Inheritance Crimes Are Likely to Occur

Attorney Noh Jong-eon points out three family environments where inheritance crimes are common. These include blended families with a stepmother and half-siblings, cases where one of the siblings or their spouses is excessively greedy, and cases where one of the siblings has a large amount of debt. In particular, given that Korea's household debt is at one of the highest levels in the world relative to GDP, more and more people are making life plans to 'pay off their debts with an inheritance when their parents pass away,' increasing the risk of becoming both perpetrators and victims of inheritance crimes.

 

Wills, Inheritance-Substitute Trusts, and Adult Guardianship — Prevention in Advance Is the Only Answer

Attorney Noh Jong-eon closes the column as follows. To prevent such tragedies, two approaches are needed. From the parents' perspective, they should clearly decide how their assets will be distributed through a will or an inheritance-substitute trust while they are still healthy. From the children's perspective, if their parents are elderly and have difficulties with mobility or cognition, they should actively seek adult guardianship so that the assets are not exposed to unfair crimes. Only preventive measures using legal and institutional tools can stop a '3.4 billion won inheritance' from turning into an 'irreversible family tragedy.'

 

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


Watch videos on Law Firm Jonjae's YouTube 'Household Unboxing' channel