Recently, Park Soo-hong's father claimed that he was guilty of embezzlement by his older brother, and the provision of the law called 'Rituals of Relatives' became an issue.



Let's take a closer look at what it is.



Relative funeral ritual, Article 328 of the Criminal Act, is a special provision that exempts the punishment for property crimes between relatives.



Relatives are blood relatives within 8th degree living together according to the Civil Act and relatives within 4th degree, that is, blood relatives within 8th degree, including parents, and spouse's parents, etc. It is a law that exempts me from punishment even if I commit crimes such as embezzlement or theft.



Even if a child sues his father for fraud, he will not be punished if the father's crime is only a fraud that falls under kinship offenses.



This law embodies the spirit of Roman law that 'the law does not cross the threshold', and the state will not take part in family affairs.



Considering the social atmosphere at the time when the big family was enacted in 1953, when the elders of the family decided the big things and small things, it is understandable, but 70 years later, it is pointed out that it does not properly reflect the situation of the times.



In addition, there are many things that are unfair because they are applied unconditionally without considering the motive for the crime or the nature of the crime.



[My divorced spouse made 5 million won in debt in the name of the child, can I sue?

I think someone in my family has stolen the rare coins that I have been collecting for decades. Is it possible to punish it?]



It depends on the circumstances, but no matter how dire the circumstances, most of them are difficult to punish.



Can this law change?



[Jeong Jin-wook / Attorney: There was a constant discussion in the academic world.



'If there is a problem with this, there is a gap in punishment,' does it need to be amended if it is a law that focuses on the suspects

, both legislatively and in the public opinion, ?

That's it.



This is the content to delete the part related to family funeral rituals.



[Lee Seong-man / Member of the National Assembly: The amendment to the serialization is pending in the Judiciary Committee.

It is true that the discussion has been a bit slow.

However, with the Park Soo-hong case as an opportunity, the need grew stronger.]



The first thing the law should protect is the victim, not the perpetrator.



There is a growing voice saying that punishment should not be avoided just because it is a family.