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| gettyimagesbank |
By Lee Hyo-jin
A set of laws exempting individuals from being held criminally responsible for property crimes such as theft, fraud and embezzlement committed against their family members is facing calls for revision, in accordance with changes in family structures in modern society.
Under Article 328 of the Criminal Act, property crimes are not punishable if committed against close family members ― spouses, those in lineal family relationships (parents, grandparents and children), cohabiting siblings and their spouses. Others such as more distant relatives or siblings living separately are only be subject to prosecution upon the victim's consent.
In other words, when financial disputes arise among family members, they can sue each other under civil law, but punishment under criminal law is highly limited in the current legal system.
But the effectiveness of such laws has been brought to light after a celebrity was caught in a legal dispute with his brother over embezzlement allegations.
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| Comedian Park Soo-hong / Korea Times file |
Comedian Park Soo-hong's older brother Jin-hong was indicted on charges of embezzlement, Oct. 7. The brother, who had run a management agency for Park, stands accused of extorting nearly 6.2 billion won ($4.5 million) earned by the comedian over the past decade.
During the investigations, however, the two men's father claimed to have committed the embezzlement, rather than the comedian's brother. Critics speculated the move was intended to take the rap for his older son, knowing that he himself ― as a lineal ascendant ― will not be charged according to Article 328 of the Criminal Act.
Legal experts are calling for revisions to the law to prevent similar attempts to exploit the loopholes in the current legal system.
"The Criminal Act was established in 1953, reflecting a widespread notion back then that family issues should be solved within the household with minimum interference of state laws. But that perception seems to be changing rapidly, with individual values gaining prominence compared with traditional Korean family values," Seung Jae-hyun, a researcher at the Korean Institute of Criminology and Justice, told The Korea Times.
With single-person and nuclear family households on the rise, a growing number of people do not consider extended family members and other relatives as close family, he explained.
"In fact, this has long been a topic of debate among researchers, many of whom view that the laws should be revised to better protect individuals with disabilities who are prone to financial exploitation by their families or legal guardians," Seung said.
"The authorities should consider making revisions to the law to allow punishment of immediate family members if the victim files a criminal complaint, while abolishing the clause exempting more distant relatives from criminal liability."
The Ministry of Justice, for its part, hinted at the possibility of making changes to the law.
"The law doesn't seem applicable in today's society," Justice Minister Han Dong-hoon said during a National Assembly audit session, Oct. 6, in response to a lawmaker's question whether the ministry is reviewing a revision of the law.
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