Seoul:The Constitutional Court has upheld the constitutionality of a provision in the Criminal Act that enforces more severe penalties for individuals who murder their own family members compared to those convicted of ordinary murder. The decision was made following a petition questioning the fairness of this law.
According to Yonhap News Agency, the court's decision was made with an 8-1 vote on a petition. The petitioner argued that Article 250, Paragraph 2 of the Criminal Act, which addresses the crime of murdering a lineal ascendant, infringes upon constitutional rights related to equality and the pursuit of happiness.
The contested provision mandates a minimum prison sentence of seven years for those who kill their own or their spouse's immediate family members. In contrast, the minimum sentence for those convicted of murdering non-family members is five years. This ruling emerged from a case where the plaintiff, who was indicted for killing their father through neglect while acting as his caregiver, received a four-year prison sentence in March 2022.
The Constitutional Court justified the harsher penalties by stating that murdering a lineal ascendant severely undermines the intrinsic bond and trust between parent and child, essentially destroying the family unit's foundation. The court emphasized that there is a rational basis for the legislature to impose stricter penalties for such offenses compared to ordinary murder. This recent ruling aligns with a similar decision made by the court in 2013, which also upheld the constitutionality of the same provision.