ID :
195133
Fri, 07/15/2011 - 02:57
Auther :
Shortlink :
https://oananews.org//node/195133
The shortlink copeid
Inheritance right
Legal framework needed for N. Koreans??? claims
Under its Constitution, South Korea???s territory covers the entire Korean Peninsula. In reality, the nation has no jurisdiction over North Korea. The supreme charter has only symbolic meaning as far as territory is concerned.
One may wonder if it is possible for those in the South or the North to make claims on assets in each others??? territory. The answer is ???yes,??? at least for North Koreans now. On Tuesday, the Seoul Central District Court allowed four North Koreans to share assets left by their late father with their half-brothers and sisters in the South.
The court???s decision is the first of its kind recognizing North Koreans??? inheritance right here. The case is meaningful as it has set a precedent for civil lawsuits filed by North Koreans. In the past, some people in the North filed similar suits with courts in the South. But they were all rejected as judges did not recognize their claims.
The successful case began in February 2009 after the father, who fled the North with his oldest daughter during the 1950-53 Korean War, died in 1987. His wife and five other children were left behind in the North. The father, surnamed Yoon, settled in the South and married again in 1959. His new wife gave birth to two daughter and two sons.
Helped by an American missionary who frequented both Koreas, the oldest daughter found the whereabouts of her brothers and sisters in the North. She conveyed her late father???s will to bequeath part of his assets to them. Then the children filed two suits with the court, seeking confirmation of their biological relationship with the father and asking for a split of his remaining assets worth 10 billion won ($9.3 million).
Finally, they accepted the court???s arbitration of sharing the assets with their half-brothers and sisters. It has also set a legal precedent for recognizing North Koreans??? property rights and ownership in the South. But there are still many obstacles as the peninsula remains divided into the capitalist South and the communist North.
It is urgent to set up a legal framework to identify blood relations between separated families and acknowledge their inheritance rights. About 5 million North Koreans fled to the South during the fratricidal war. Many of their children are believed to be alive in the North. So, more North Koreans are likely to wage legal battles similar to the Yoon family???s case.
The Seoul government is initiating a special bill to cope with North Koreans??? potential claims over inheritance and property rights. The bill should contain concrete details on how to settle such claims and how to manage and transfer assets to those in the North. Government officials and lawmakers also need to ease concerns about the outflow of the nation???s wealth into the North following this case.
Under its Constitution, South Korea???s territory covers the entire Korean Peninsula. In reality, the nation has no jurisdiction over North Korea. The supreme charter has only symbolic meaning as far as territory is concerned.
One may wonder if it is possible for those in the South or the North to make claims on assets in each others??? territory. The answer is ???yes,??? at least for North Koreans now. On Tuesday, the Seoul Central District Court allowed four North Koreans to share assets left by their late father with their half-brothers and sisters in the South.
The court???s decision is the first of its kind recognizing North Koreans??? inheritance right here. The case is meaningful as it has set a precedent for civil lawsuits filed by North Koreans. In the past, some people in the North filed similar suits with courts in the South. But they were all rejected as judges did not recognize their claims.
The successful case began in February 2009 after the father, who fled the North with his oldest daughter during the 1950-53 Korean War, died in 1987. His wife and five other children were left behind in the North. The father, surnamed Yoon, settled in the South and married again in 1959. His new wife gave birth to two daughter and two sons.
Helped by an American missionary who frequented both Koreas, the oldest daughter found the whereabouts of her brothers and sisters in the North. She conveyed her late father???s will to bequeath part of his assets to them. Then the children filed two suits with the court, seeking confirmation of their biological relationship with the father and asking for a split of his remaining assets worth 10 billion won ($9.3 million).
Finally, they accepted the court???s arbitration of sharing the assets with their half-brothers and sisters. It has also set a legal precedent for recognizing North Koreans??? property rights and ownership in the South. But there are still many obstacles as the peninsula remains divided into the capitalist South and the communist North.
It is urgent to set up a legal framework to identify blood relations between separated families and acknowledge their inheritance rights. About 5 million North Koreans fled to the South during the fratricidal war. Many of their children are believed to be alive in the North. So, more North Koreans are likely to wage legal battles similar to the Yoon family???s case.
The Seoul government is initiating a special bill to cope with North Koreans??? potential claims over inheritance and property rights. The bill should contain concrete details on how to settle such claims and how to manage and transfer assets to those in the North. Government officials and lawmakers also need to ease concerns about the outflow of the nation???s wealth into the North following this case.
