Constitutional Court rules that the reserved portion system that forces siblings to inherit is unconstitutional / YTN
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[Anchor] The Constitutional Court ruled that the 'reserve portion system' that allows all siblings of the deceased to inherit regardless of the will is unconstitutional. The Constitutional Court ruled that giving a reserved portion to the spouse and children of the deceased can also infringe on property rights and is therefore unconstitutional, but decided to maintain the law's effect for the time being to prevent confusion. Let's connect to our reporter. Reporter Shin Ji-won! Yes, please explain the Constitutional Court's decision in detail. [Reporter] Yes, today (the 25th), the Constitutional Court unanimously ruled that Article 1112, Paragraph 4 of the Civil Act is unconstitutional. Article 1112, Paragraph 4 guarantees inheritance by giving a reserved portion to the siblings of the deceased. The Constitutional Court ruled that this provision is unconstitutional because it infringes on the deceased's right to freely dispose of property. The deceased's siblings have little expectation of contributing to the formation of assets or receiving an inheritance, so there is no reasonable reason to determine a reserved portion. The reserved portion system, which is the subject of this Constitutional Court review, also includes provisions to determine the inheritance portion for the direct ascendants of the deceased, such as parents and grandparents, and direct descendants, such as spouses, children, and grandchildren. The Constitutional Court also ruled that these provisions are unconstitutional. It is against the people's sense of justice and common sense to recognize a reserved portion even in cases where family members have abandoned the deceased for a long period of time or have mentally or physically abused them, and it is unreasonable for a law not to specify such cases as a reason for losing a reserved portion. However, the Constitutional Court decided to maintain the effect of the law for the time being, citing concerns that confusion may arise if these provisions lose their effect immediately. The Constitutional Court also ruled that provisions prohibiting a person from giving his or her shares to a specific heir for purposes such as public donations or business succession are not unconstitutional. This is Shin Ji-won from YTN. YTN Shin Ji-won ([email protected]) ※ 'Your tip becomes news' [KakaoTalk] Search YTN and add channel [Phone] 02-398-8585 [E-mail] [email protected] ▶ Original article: https://www.ytn.co.kr/_ln/0103_202404... ▶ Tip: https://mj.ytn.co.kr/mj/mj_write.php ▣ Subscribe to YTN YouTube channel: http://goo.gl/Ytb5SZ ⓒ YTN Unauthorized reproduction, redistribution, and use of AI data are prohibited.
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