By Bae Ji-sook
A university professor, identified only by his surname Seo, filed a petition with the Constitutional Court in 2008 that a law banning people from suing their biological parents or parents-in-law is unconstitutional.
In the petition, Seo claimed he had suffered from constant abuse from his mother for more than 20 years. The mother, who is assumed to be mentally unstable, had filed suits against her children for various charges which were all dismissed.
Seo filed a suit against the mother for slander after his mother filed another suit against him for violence in 2006. But his complaint was dismissed by the court because legal action by children against parents does not constitute a court case. Seo claimed that he filed the suit to force his mother to get professional therapy under strict monitoring.
Seo said, “The law violates basic human rights to be treated equally under any circumstances. While the parents can sue their children, why can’t children do the same the other way round?”
The Constitutional Court held a public hearing Thursday to study whether the law could shake the traditional Korean sentiment of “hyo,” responsibility for children to obey and support their parents, as the Ministry of Justice claims.
Seo’s lawyer Jeong Bo-geon said, “The law is quite discriminative. Even if the parents try to kill their children, they won’t be sued. The law stems from a hierarchical and conservative idea that children belong to their parents.”
He also said that strong family ties or sentiment does not vaguely exist in society. “After all the mess they have gone through, do you think love could still exist among them?” he said.
Many legal experts agree that the law originates from one in the Joseon (1392-1910) era, which punishes children who reveal weaknesses in their parents or take any legal measures against them. “They are old rules,” Seo said.
The Ministry of Justice, which defended the law, claimed “inhumane” parents could be prosecuted. “If the cases are serious, we recommend prosecutors investigate the case independently. Sexual assaults, domestic violence and other offenses are dealt with heavily,” prosecutor Lee Gye-han from the ministry said.
“Hyo is something that we should respect, preserve and be proud of. It is something we have inherited from our ancestors and will succeed to our descendants,” he added.
Judges were enthusiastic about learning about the concept of hyo and its effect on the legal system.
Judge Mok Young-jun asked whether the law could actually encourage children to respect their parents. Judge Kim Hee-ok said, “I understand that Japan, which had a similar law, scrapped it long time ago. Is there a special reason for Korea to preserve it?” Judge Lee Gon-hyun said, “Isn’t there another way to solve family conflicts than to sue the parents?
자식이 부모 고소할 수 있나?
대학교수 서모씨는 2008년 헌법재판소에 자식이 부모를 상대로 소송할 수 없는 법이 위헌이라고 청원을 냈다.
서씨는 어머니로부터 20년간 지속적 학대의 대상이 되었다. 정신적인 문제가 있는 어머니는 자식들을 상대로 무수한 소송을 걸었고, 모두 패했다.
서씨는 어머니가 자신을 상대로 상해소송을 내자, 맞고소를 하려했다. 그러나 법원은 법조항을 들며, 그 소송을 기각했다. 서씨는 어머니가 법원으로부터 엄격한 감시하에 치료받게 하고 싶어 소송을 냈다고 말했다.
서씨는, “해당 법은 사람들이 어떠한 경우에도 동등한 취급을 받을 기본권을 침해합니다. 부모는 자식을 고소할 수 있지만, 왜 그 반대의 경우는 되지 않습니까?” 라고 말했다.
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