Ruling Party Moves to Scrap Kin Exemption After Schoolgirl Murder Case

Han Jeong-ae, chair of the Democratic Party's Policy Committee, introduced an amendment to the Criminal Code that would remove a special provision exempting relatives from punishment for harboring criminals and destroying evidence, she said Tuesday. The move follows public outrage over the recent "Gwangju schoolgirl murder case," in which the father of suspect Jang Yun-gi avoided punishment.

The Criminal Code amendment introduced by Han removes all kin exemptions that had applied to the crimes of harboring criminals and destroying evidence under the Criminal Code.

Article 151 of the current Criminal Code stipulates punishment for anyone who harbors or helps a person who has committed a crime punishable by a fine or greater penalty to escape. Article 155 of the same law prescribes punishment for destroying evidence related to another person's criminal case. However, in both crimes, when a relative commits the offense for the sake of family, the kin exemption is applied and no punishment is imposed.

In the recent schoolgirl murder case in Gwangju, the father of suspect Jang Yun-gi damaged and destroyed key evidence that would have supported Jang's sexual-crime motive. However, he avoided punishment under the kin exemption provision of the Criminal Code, drawing public anger. There are concerns that Jang's sentence could be significantly reduced because Jang's father, a serving police officer, damaged key evidence. The statutory minimum for simple murder is five years in prison, but murder committed for the purpose of rape can carry only the death penalty or life imprisonment.

Han pointed out that reform is urgently needed to bring the kin exemption in line with the trends of the times and to enhance the effectiveness of investigations. "The scope of persons covered by Korea's kin exemption for property crimes is relatively broad compared with other countries, which is advantageous to perpetrators," Han said. "By abolishing the kin exemption system under the Criminal Code in line with the changed trends of the times, we will ensure thorough investigations of violent crimes and appropriate punishment of perpetrators."

Earlier, Han also amended last year the "chinjok sangdorye" (kin exemption) provision that exempts punishment for property crimes such as theft and fraud among family members, in line with the trends of the times.