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Debate ensues over proposed parricide law amendment in South Korea

Published: 21 Sep. 2025, 14:50

Police tapes are put up at an apartment in northern Seoul where a man in his 60s, who allegedly shot his own son on July 20, lives [YONHAP]

Can tougher punishments for parents who kill their children — mirroring those already in place for children who kill their parents — help prevent the breakdown of family structures?

A proposal to amend Korea’s Criminal Act to introduce a new charge for the murder of a direct descendant, filed on Sept. 9 by Rep. Jin Jong-oh of the People Power Party (PPP), has stirred debate in legal circles. Supporters say it would correct a legal imbalance in sentencing between parent-child murder cases. Critics argue it reflects an overreliance on punitive measures to solve social issues.

The proposed amendment centers on adding a “direct descendant murder” charge to the Criminal Act, making the killing of one’s child punishable as severely as the killing of a parent. Under current law, murdering one’s parent or the parent of one’s spouse is classified as “parricide” and carries harsher penalties — death, life imprisonment or a minimum prison term of seven years — compared to general murder, which is punishable by death, life imprisonment or at least five years in prison (Criminal Act Article 250).

If Jin’s proposal passes, it would create a legal basis for courts to sentence parents who kill their children to death, life imprisonment or a minimum of seven years in prison — identical to the penalty for parricide.

"A growing number of high-profile cases involving parents killing their children are taking place every year," Jin said as justification for the amendment, calling such crimes “anti-humanitarian acts that contribute to the collapse of the family unit.”

Rep. Jin Jong-oh of the People Power Party on Dec. 12, 2024 [YONHAP]

According to data compiled by PPP Rep. Cho Seung-hwan, there were 49 cases of parents killing their children in 2023 and 39 in 2024. The National Police Agency did not previously tally these cases separately in official crime statistics.

Opinions in the legal field are divided. Professor Lee Chang-hyun of Hankuk University of Foreign Studies School of Law argued that the new charge is unnecessary, saying, “Existing murder statutes are sufficient to impose severe punishment for such crimes.” Lee also noted that other countries have abolished parricide laws on constitutional grounds. He warned that such proposals may reflect a misguided belief that punishment alone can solve social problems — a concept known as “penal populism.”

“Just because penalties are harsher doesn’t mean family murders will stop,” Lee said. “Serious industrial accidents still occur even after the enactment of the Serious Accidents Punishment Act.”

Professor Han Sang-hoon of Yonsei University Law School also pointed out that the proposed charge runs counter to global trends, noting that countries like the United States and Britain do not impose harsher sentences based on whether the victim is a parent or a child. Japan abolished heavier penalties for parent-related crimes in 1973 after its Supreme Court ruled such laws unconstitutional.

"Heavier punishment for parricide violates the principle of equality when compared to other murder cases," said Han.

The Supreme Court building in Seocho District, southern Seoul [YONHAP]

In fact, a special committee and advisory body to the Justice Ministry that reviews reforms to the Criminal Act discussed removing the parricide clause from the Criminal Act in 2011. Some committee members argued at the time that giving special weight to parricide could be considered discrimination based on birth or bloodline, which violates Article 11 of the Constitution. The committee also pointed out that heavy sentences could still be imposed under the general murder statute.

But Kim Dae-keun, a research fellow at the Korea Institute of Criminology and Justice, said the proposed law could bring the system closer to the principle of equality. “One of the main criticisms of the current parricide law has been that it violates equality by imposing harsher punishment only for killing parents, while excluding killings of children,” he said.

"The best approach would be to abolish the parricide law altogether and instead introduce a new sentencing framework that allows for tougher penalties in severe intrafamily crimes regardless of whether the victim is a parent or a child," added Kim.

"The parent-child relationship is not merely a private bond — it is the foundation of society," said Rep. Jin. "When a parent kills a child, it sends a devastating shock through our communities. This bill is a minimum ethical and legal statement that our society is committed to protecting children and vulnerable individuals at all costs."

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY YANG SU-MIN [[email protected]]