The Constitutional Court of Korea on June 27 unanimously ruled that the “special exception to relatives” clause in domestic criminal law, which exempts property crimes committed among family members from punishment, is unconstitutional. To prevent social disruption, this ruling does not immediately invalidate the law. Instead, the court has set a deadline for its amendment. The court has instructed the National Assembly to revise the law by Dec. 31 of next year and to suspend the application of this clause until then.
Article 328, Paragraph 1 of the Korean Criminal Code includes the “special exception to relatives” clause, which exempts from punishment theft, fraud, embezzlement, and breach of trust crimes occurring between direct family members, spouses, and cohabiting relatives within the eighth degree of kinship and in-laws within the fourth degree. This clause was established in 1953 with the intention of keeping the state out of family property matters.
The court’s ruling marks a significant change to this clause after 71 years. The Constitutional Court stated that the current regulation is unreasonable because it uniformly exempts relatives from punishment without considering their actual relationships, the victim’s desire for punishment, or the extent of the damage. The court deemed this practice excessively unreasonable and unfair, overstepping legislative discretion and infringing on the rights of criminal victims to participate in trials and provide testimony.
Furthermore, the court highlighted the need to reflect changes in family structures and economic relationships, noting the shift from large, agrarian family units to nuclear families and single-person households, along with evolving economic activities.
