Korea Kinship Exemption Rule: Recent Legal Changes
The Korea Kinship Exemption Rule (친족상도례) used to specify that property crimes committed by someone’s blood relative were exempt from punishment. This rule raised controversy, and as we detailed in a previous post, South Korea’s Constitutional Court ruled it unconstitutional in June 2024. Then on December 30, 2025, the National Assembly passed an amendment to the Criminal Act that updates the kinship exemption rule, requiring the victim’s complaint for prosecution regardless of the type of kinship. Here is a clear guide from Pureum Law Office on the recent revisions and why this is important:
What is Korea’s Kinship Exemption Rule?
The Korea Kinship Exemption Rule, stipulated in Article 328(1) of the Criminal Act, was first introduced in 1953 as a special provision to the Criminal Act to minimize state intervention in property disputes between family members. Article 328(1) of the Criminal Act states the exemption from punishment for property crimes between relatives. Meanwhile, Article 328(2) of the Criminal Act states that some crimes between relatives can be prosecuted by private prosecution. Considering the social context at the time of the enactment of the Criminal Act in 1953, Article 328 aimed to respect shared family property and, more importantly, to separate private and public matters. This was heavily influenced by Korean Confucian ideals; however, as societal and family structures changed, this rule led to a lack of protection for vulnerable victims.
Constitutional Court’s Ruling on the Kinship Exemption Rule
On June 27, 2024, the Constitutional Court unanimously issued a decision of constitutional nonconformity (헌법불합치) on Article 328(1), citing that it was unreasonable that victims of property crimes within families could not exercise their right to punish the perpetrator (2020헌마468). The legislative deadline set by the Constitutional Court was December 31 of 2025, by which the National Assembly had to amend the Criminal Act. The key reasoning behind the decision of constitutional nonconformity (헌법불합치) was:
- Violation of victims’ procedural rights
- Problem of automatic exemption from punishment
Notably, “constitutional nonconformity” differs from simple unconstitutionality (위헌), as it delays legislative reform, preventing the confusion that arises from the absence of laws.
Supreme Court Decision on Computer Fraud and Kinship Exemption
On March 13, 2025, the Supreme Court overturned and remanded the lower court’s decision about computer fraud and the Kinship Exemption Rule (2024도19846). This was the first Supreme Court ruling following the constitutional nonconformity ruling. In this case, the defendant used his sister-in-law’s credit card and bank information to receive ₩77,235,900 in his own bank account. The lower court had decided that because the victim was the sister-in-law of the defendant and lived with him, he would be exempt from punishment under the Kinship Exemption Rule. The Supreme Court, however, ruled that the real victim is the aforementioned victim’s credit card company and bank, and required that the lower court clearly identify the victim of the case.
2025 Amendment to Korea Kinship Exemption Rule
Recently, on December 30, 2025, during a plenary session in the National Assembly, the amendment to the Criminal Act was passed, deleting the “exemption from punishment”, or 328(1), provision.
Under the new law:
Property crimes between relatives are no longer automatically exempt from punishment
Property crimes will generally be treated as victim-complaint (친고죄) cases, requiring the victim’s complaint for prosecution regardless of the type of kinship
Regardless of the degree of kinship (immediate or extended family), all crimes are unified as victim-complaint cases
Victims are able to file complaints even against their own or spouse’s lineal ascendants
Previously, crimes between immediate family (e.g., parents, siblings, children, spouse) were exempt from punishment, while crimes between more distant relatives could be prosecuted only if a complaint was filed. Now, crimes between immediate family members are no longer exempt from punishment.
How the Kinship Exemption Rule Changes Apply to Past Cases
The revised provisions will apply retroactively to cases that occurred after June 27, 2025. In Korean criminal law, the Principle of Non-retroactivity entails that finalized cases can not be reopened. For “transitional cases” that occurred after the Constitutional Court’s decision but before the legal amendment, a special provision allows victims to file complaints within six months from the date the law comes into effect. However, this still raises the issue of limited relief for victims of cases that occurred before the Constitutional Court’s decision.
These changes to the Kinship Exemption Rule will affect cases such as the famous case of broadcaster Park Soo-Hong, who accused his older brother of embezzlement. This case had led to growing criticism from the public that the Kinship Exemption Rule could be abused by family members with malicious intentions. According to the Ministry of Justice, this change aims to find the balance between protecting family protection and respecting victims’ rights to file complaints against family members. Get in touch with PLO today if you have questions regarding Korea’s Kinship Exemption Rule or for any other legal matter.
