Why did South Korea’s Constitutional Court uphold the harsher penalty for murdering a lineal ascendant?

The court said murdering a lineal ascendant fundamentally undermines the special bond and trust between parent and child and destroys the foundation of the family unit. It found this gave the legislature a rational basis to set a harsher statutory penalty than for ordinary murder.

What prison terms does South Korea’s Criminal Act set for parricide and ordinary murder?

The provision sets a minimum prison sentence of seven years for killing one’s own or a spouse’s immediate family members. The minimum for murdering others is five years.

What happened in the case that led to the Constitutional Court’s review of the parricide penalty?

The petitioner had been indicted for killing their father by neglecting him while acting as his caregiver. The petitioner received a final sentence of four years in prison in March 2022 and challenged Article 250, Paragraph 2 on constitutional grounds.

Constitutional Court says heavier penalty for parricide constitutional

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Summary

The Constitutional Court on Thursday upheld in Seoul a Criminal Act provision imposing harsher penalties for murdering a lineal ascendant. In an 8-1 vote, the court rejected a petition challenging the provision on equality and pursuit-of-happiness grounds. It said the crime undermines the parent-child bond and family unit, providing a rational basis for the higher penalty. The ruling follows the court’s 2013 decision upholding the same provision.

Key Facts

Article 250, Paragraph 2 sets a minimum prison term of seven years for killing one’s own or a spouse’s immediate family members, compared with five years for ordinary murder.
The petitioner was indicted for killing their father by neglecting him while serving as his caregiver.
The petitioner received a final four-year prison sentence in March 2022.
The petitioner argued that the provision violated constitutional rights to equality and the pursuit of happiness.

By Yonhap

Published Oct 22, 2026 4:54 pm KST

Constitutional Court in Seoul's Jongno District / Korea Times file

The Constitutional Court on Thursday ruled constitutional a provision of the Criminal Act that imposes harsher penalties for those who murder their own family members than those convicted of ordinary murder.

The court voted 8-1 on a petition filed by an individual who argued that Article 250, Paragraph 2 of the Criminal Act, which defines the crime of murdering a lineal ascendant, violates the constitutional rights to equality and the pursuit of happiness.

The provision stipulates that those who kill their own or their spouse's immediate family members shall be punished by a minimum prison sentence of seven years, compared with the minimum prison sentence of five years for those convicted of murdering others.

The plaintiff had been indicted on charges of killing their own father by neglecting him while serving as his caregiver, and received a final sentence of four years in prison in March 2022.

The Constitutional Court said murdering a lineal ascendant fundamentally undermines the special bond and trust between parent and child and destroys the very foundation of the family unit, adding there is a rational basis for the legislature to impose a harsher statutory penalty for the offense than for ordinary murder.

The latest ruling follows a 2013 ruling, in which the court found the same provision of the Criminal Act constitutional.

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