상속권 상실 선고 제도에 관한 소고

A Study on the Disinheritance

In recent years, there has been a growing consensus in Korean society to restrict or revoke the inheritance rights of individuals who fail to fulfill support obligations or harm family members. In response to this societal sentiment, numerous legislative proposals have been introduced since the 18th National Assembly in the form of member-initiated bills. Additionally, the Ministry of Justice submitted a Civil Law amendment including disinheritance in cases of severe violation of parental support obligations or child abuse. to the National Assembly on June 18, 2021, commonly referred to as the “Late Goo Hara Act”. As the review and improvement of the inheritance system in response to societal changes have become a pressing issue of our time, a Civil Law amendment allowing for disinheritance of parents who violate of support obligations toward their children was passed in the National Assembly in August 2024 and is set to take effect in January 2026. The main provision of the amended Civil Law is that if an heir, such as a parent, severely violates their support duty or engages in other reprehensible acts toward the deceased (the child), a family court may be petitioned to revoke their inheritance rights. This prevents the heir from legally inheriting the deceased's property. The amended Civil Law seeks to reform unfair inheritance practices that are inconsistent with public sentiment by allowing family courts to revoke the inheritance rights of parents who fail to fulfill their duty of support toward their children. Therefore, this study by reviewing the main provisions of the amended Civil Law regarding the revocation of inheritance rights analyzes potential issues or future legislative discussions.