“I worked for 30 years and my bank account balance is 33.8 million won.”
Relative mourning ceremony, difficulty in legal punishment between family members
Emergence of need for system supplementation
Relative mourning ceremony, difficulty in legal punishment between family members
Emergence of need for system supplementation
Broadcaster Park Soo-hong opened up about the embezzlement lawsuit against his older brother. Although he worked in broadcasting for 30 years, he has 33.8 million won left in his bank account. Park Soo-hong's 30 years of effort and passage of time amounted to approximately 30 million won. A continuous battle between relatives. At the same time, interest in the concept of ‘relative mourning ritual’ is also growing.
Park Soo-hong recently attended the trial of his older brother Park (55) and his wife on charges of embezzlement of 6.2 billion won. Park Soo-hong said at the court, "I worked for over 30 years, but I still had 33.8 million won left in my bank account," and "I had no money to pay the deposit for rent, so I canceled my insurance in a hurry."
Park Soo-hong and his brother and his wife have been engaged in a legal battle for several months. The reason was the issue of his older brother’s embezzlement. His older brother, Mr. Park, established a management company in 2011 and has been managing Park Soo-hong's entire entertainment activities. A problem occurred here. Park Soo-hong criticized his older brother for embezzling about 6.17 billion won of the company's money and his own money during the business process.
Mr. Park is currently indicted on charges of embezzlement of 6.1 billion won. Additionally, according to the prosecution, Mr. Park is accused of withdrawing approximately 2.9 billion won from Park Soo-hong's personal account and embezzling approximately 1.9 billion won by falsely reporting labor costs.
In addition, it was discovered that real estate was purchased with 1.17 billion won of company funds and credit cards were used for about 180 million won.
As a result, Park Soo-hong sued his older brother. He must have put a lot of thought into bringing his own brother directly to trial. There is also talk about a 'relative mourning ceremony' in reference to unfair cases like Park Soo-hong.
'Relative mourning ceremony' is a special system that exempts or reduces sentences for property crimes committed between relatives, excluding robbery and destruction, or allows prosecution to be filed only after a complaint.
In other words, theft between relatives is given preferential treatment. Relatives are limited to blood relatives within the 8th degree and in-laws and spouses within the 4th degree.
The reason why 'relative mourning ceremony' was highlighted in Park Soo-hong's legal history is because of his father's position. In the case of a biological brother, as a non-resident relative, punishment is possible if the crime is reported within 6 months of becoming aware of it. However, if the subject of the complaint is the father, he cannot be punished. Park Soo-hong's father is currently claiming that he, not his older brother Park, embezzled the company's money.
The background of the birth of 'relative mourning ceremony' is to not regard family members as targets of legal punishment. However, cases of abuse have increased recently, and criticism continues that it is an anachronistic system.
According to the report 'Review of revisions to the relative mourning ceremony provisions in the criminal law' published by the National Assembly Legislative Research Service in 2021, 85% (27,702 people) of the total 32,458 people agreed to abolish the 'relative mourning ceremony'. Here, Minister of Justice Han Dong-hoon also expressed the need for revision, saying, "I think it is difficult to apply it as is in today's society."
The intervention of national public power in family affairs is negative. However, victims should not arise due to loopholes in the system. The need to supplement the current system has emerged. Correct discussion and interpretation in the National Assembly is necessary.
Reporter Junho Yoon, Ten Asia delo410@tenasia.co.kr