Q. Background for the legislative petition for the 'Goo Hara Act'

When I first heard the late Goo Hara’s story and took on the case, I was deeply shocked and felt very saddened. As I looked for a solution, I thought that a bill adding grounds for disqualification from inheritance was necessary.

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Under Article 1004 of the current Civil Act, only very limited cases, such as murdering a person or forging a will, are recognized as grounds for disqualification from inheritance. 

Bills to add grounds for disqualification from inheritance have been discussed continuously for quite some time. You may also remember that during the Cheonanham and Sewol Ferry incidents, parents who had run away 10 to 20 years earlier suddenly appeared and collected death benefits, causing widespread public outrage.

Even if additional grounds for disqualification from inheritance are introduced, they would not apply to the late Goo Hara’s case under the principle of prohibition of retroactive legislation. However, we prepared this petition so that other heirs will not suffer the same pain in the future.

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Q. Why has the 'Goo Hara Act' faced difficulties in legislation?

In 2018, the Constitutional Court already ruled that Article 1004 of the Civil Act, which does not classify parents who failed to fulfill their duty of support as grounds for disqualification from inheritance, does not violate the Constitution.

The Constitutional Court found that parents’ duty of support and inheritance are not concepts that correspond to each other. It also held that determining whether someone has failed to fulfill the duty of support is highly subjective, and that inheritance-related legal disputes on this issue are likely to occur frequently, seriously undermining legal stability regarding inheritance relations.

In fact, this may be a decision that runs counter to the public’s sound legal common sense and universal justice, so it is very regrettable.

Q. Are parental rights and the duty of support different?

Yes, they are defined separately. It is easy to think of a case where parents divorce and lose parental rights, yet still pay child support. In the end, the duty of support is unrelated to whether parental rights are lost or retained.

Q. What is the biological mother’s position?

As a matter of principle, her position is that she should inherit in a 5:5 split according to the statutory share of inheritance.

However, under current law, there is something called a 'contribution share.' If someone has specially supported the deceased or made special contributions to maintaining or increasing the deceased’s property, the court recognizes it and grants an increased share of inheritance.

The late Goo Hara’s father worked at construction sites for a long time while raising his two children. And when the late Goo Hara debuted as a minor, he served as her legal representative, negotiated contracts with her agency, and even handled management of KARA’s accommodations and financial settlements. Therefore, it can be said that her father made many contributions to the late Goo Hara’s growth into a top star.

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Q. What are the plans going forward?

As many people regretted, the 'Goo Hara Act' was automatically scrapped with the expiration of the 20th National Assembly. 

However, we will not give up and will work to ensure that it passes in the 21st National Assembly. At present, we plan to promote it as the first bill together with Democratic Party lawmaker Seo Young-kyo. I hope this bill will definitely pass in the 21st National Assembly.