Korea may be more 'lenient' toward child-killers than parent-killers: report
South Korean courts tend to give lighter sentences to those who killed their offspring than those who killed their parents or grandparents, an analysis of court data by a local media outlet indicated on Sunday.
Yonhap News Agency said it analyzed court rulings involving 85 individuals convicted of related charges from 2022 to January of this year, finding that those who killed their ascendants -- individuals directly above them in the family tree, such as parents or grandparents -- were sentenced to an average of 15.7 years in prison. In contrast, those who killed their descendants, such as children or grandchildren, received an average of 7.7 years.
The Criminal Act's Article 250 stipulates that those convicted of murder must be punished with at least five years in prison and permits the death penalty. The second clause of the act states that those who killed an ascendant can also receive capital punishment, but the minimum is seven years in prison.
No separate legal clause exists for the killing of a descendant.
The Yonhap report showed that all of the 53 people convicted of killing an ascendant received a prison term, half of them jailed for at least 15 years, while two were given life sentences.
In comparison, four of the 32 convicted of murdering a descendant were given suspended sentences, while a majority of those charged (22 or 68.8 percent) were jailed for three to nine years.
An overwhelming majority of the victims in the descendant murder cases, 23 people, or 79.3 percent, were minors. But only one person was sentenced to life in prison -- a man convicted in 2023 of murdering his wife and two teenage sons for "looking down on him."
No sympathy for murdered children?
Few countries apply different charges for the murder of relatives, and it is extremely rare for the law to treat the murder of a parent and that of a child differently. In Italy, murder of a family member can be regarded as "aggravated homicide," but that distinction is not applied solely to ascendents or descendants as it is in Korea.
Official statistics compiled by the Supreme Prosecutors' Office have categories for murders of ascendants, death resulting from child abuse, and infanticide, but not a category for the killing of one's own children or grandchildren.
As legal experts have noted over the years, many countries hand out aggravated punishments for the murder of minors. An academic journal article published in 2022 by the Justice Development Foundation found that 26 of the 50 US states issue harsher punishments for the murder of minors.
Not only does South Korean law have no legal category for such cases, some cases suggest that courts do not impose aggravated punishments on parents for the murder of young children. A mother who killed her 12-year-old son and severely injured her nine-year-old daughter was jailed for seven years by the Daejeon District Court last year because she was "deeply remorseful and would likely live the rest of her life in guilt and regret."
The Yonhap report noted that the "guilt" of the defendant was mentioned in 16 rulings related to the killing of descendants, suggesting the courts were relatively sympathetic toward those who killed their offspring.
But most of the rulings on murders of ascendants mentioned the phrases "anti-social (38 times)," "humanity (33 times)" and "deprivation of humanity (12 times)."
Just a week ago, a 62-year-old man killed his 34-year-old son over what he claimed was a lack of financial support, although the bereaved family denied this claim and said both the victim and the suspect's long-divorced wife had given him money. The man is currently under investigation, but he will be charged in court with ordinary murder, as no separate legal clause on killing one's own offspring exists in Korea.
There is an ongoing debate about the murder of children, with some saying it should be added to the Criminal Act as a crime separate from murder while others say the provision regarding the murder of an ascendant should be removed. Multiple attempts to legislate punishment for the murder of one's children were made in the previous National Assembly, all of which were discarded or have yet to be deliberated.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Korea Herald
2 days ago
- Korea Herald
Man caught wandering around street with knife, says he wanted to cut up fruit
Citizens of Gwangjin-gu, eastern Seoul had a scare Wednesday night as a man in his 30s wandered around with a knife, before he was arrested by local police. After the suspect refused repeated orders from the police to put down the knife, police took him down with a stun gun. The man told officials that he took the knife to cut up fruit for himself. Surveillance footage showed that he was holding a fruit knife, although he did not attack or threaten anyone. It is unclear why he did not comply with the police orders. Police are questioning the suspect, and investigating to see if the suspect has a history of mental illness. Holding a dangerous weapon in full view of the public in a public area accessible to anyone is in violation of the Article 116-3 of the Criminal Act, and can be punished by up to three years in prison or 10 million won ($7,195) fine.
Korea Herald
3 days ago
- Korea Herald
Crime ring swindles W2.6b from 2,500 people via fradulent sales online
A scam ring has been busted for a fraud scheme totalling 2.6 billion won ($1.88 million), in which they deceived some 2,500 people by pretending to sell products and pocketing the payments. The cybercrime unit of the Gyeonggi Nambu Provincial Police Agency said Wednesday that they have transferred 15 individuals to the prosecution, 11 of whom are currently under arrest. The suspects are accused of carrying out a series of scams on online marketplace platforms for used products between October to January. The suspects made false claims that they are selling used cars and appliances on the websites, having the victims send payments in advance and not sending the products. About 2.23 billion won of the illegally obtained profit has been seized by officials. Police believe that the crime ring was well-organized in its operation, with separate members being in charge of withdrawal, money laundering and other various duties while a middle management handled the subordinates. Officials are mulling whether to press charges for the organization of criminal groups in addition to the fraud charge. Fraud, stipulated in Article 347 of the Criminal Act, is punishable by up to 10 years in prison or up to a 20 million won fine. Organizing a crime group is punishable under Article 114 of the same act by at least four years in prison. The latter charge is often applied to voice phishing or other forms of fraud criminal groups, as gang violence is usually punished via the Punishment of Violence, Etc. Act, which has harsher punishments.
Korea Herald
3 days ago
- Korea Herald
Joint probe to revisit Itaewon tragedy
South Korea's Supreme Prosecutors' Office on Wednesday decided to launch a joint investigation team comprising the prosecution and police to probe the Itaewon crowd crush. The decision came two weeks after President Lee Jae Myung pledged to the bereaved families of victims in the Itaewon tragedy that he would form a separate task force to thoroughly look into the crowd crush that claimed 159 lives during Halloween festivities in 2022. The joint investigation team is set to revisit the overall circumstances regarding the incident, ranging from its causes, rescue efforts, authorities' response and probe additional cases, involving secondary damage for survivors and bereaved families. Some 20 personnel will be assigned to the investigation team, according to Yonhap News. The team will be led by the criminal affairs department of the Supreme Prosecutors' Office. The Supreme Prosecutors' Office spokesperson stated that thorough and swift measures are needed as the victims and bereaved families suffered for a long time, according to reports. 'The Itaewon tragedy is a matter of significant national concern regarding the facts and accountability. It is necessary to uncover the truth to resolve the ongoing social controversy and prevent further abuse against families of tragedy victims,' said the spokesperson. The team will also review any shortcomings in the country's disaster response system. Though a special independent investigation committee on the Itaewon crowd crush was formed in September, it faced criticisms due to a lack of investigative authority, limiting its capability to determine the facts of the case. 'Much of the information has not been provided to the National Commission for the Investigation of 10.29 Itaewon Disaster. All records from the day of the tragedy, including communications between the relevant ministries, on-site instructions and more, must be disclosed by the government. Uncovering the truth is the very least we can do to honor the memory and dignity of the children who were lost in the incident,' a representative of the bereaved families said during the meeting with Lee held at Cheong Wa Dae on July 16.
