The Story Behind Korea’s Laws: Your Guide to Korea’s Legal Pulse
SEOUL, Dec. 5 (Korea Bizwire) — South Korea has moved to close a long-criticized legal loophole that allowed parents who abandoned or failed to care for their children to later claim financial benefits after the child’s death. The National Assembly has passed an amendment to the National Pension Act that blocks such parents from receiving survivor benefits, officials said Friday.
For years, the public has been outraged by cases in which estranged parents — sometimes absent for decades — reappeared only after a child died in an accident and sought inheritance or insurance payouts. The notorious “Goo Hara Law” debate, prompted by the late K-pop star’s own inheritance dispute, highlighted the deep sense of injustice many Koreans felt.
The newly approved amendment enshrines those sentiments into the pension system. Under the revised law, parents who violated their duty to support a minor child will no longer be eligible for any National Pension survivor benefits if that child dies.
Previously, even parents who abandoned or abused their children often retained inheritance rights under the principle of family kinship, enabling them to claim insurance money or pension payments — a practice that drew widespread condemnation.
The law now ties pension eligibility directly to inheritance rights. Parents who have been formally stripped of their inheritance rights by a family court under Article 1004-2 of the Civil Act — typically for abandonment or abuse — will automatically be barred from receiving all related pension payments.
Beginning in January 2026, the Civil Act amendment commonly known as the “Goo Hara Law” is set to take effect. The revised law centers on restricting inheritance rights for parents who seriously violate their duty of care or commit crimes against their children.
The restrictions are extensive. Not only will survivor pensions be denied, but also lump-sum payouts such as refund benefits, funeral allowances and any unpaid amounts that would otherwise have been passed on. Lawmakers said the intent is to eliminate all possible financial gain that a negligent parent could receive from a child’s death.
The reform will take effect on January 1, 2026, in line with the implementation of the corresponding Civil Act amendment. After that date, parents who lose inheritance rights due to neglect or abuse will be categorically blocked from seeking pension payments.
Government officials say the change is critical to restoring public trust in the national pension system and ensuring it reflects widely held notions of fairness.
By rejecting the idea that “giving birth alone makes one a parent,” the amendment signals a shift toward recognizing duty, responsibility and genuine caregiving — and serves as a clear warning that society will no longer tolerate unjust financial claims.
M. H. Lee (mhlee@koreabizwire.com)
