'Goo Hara Law' Takes Effect in January, Debtor Protection System Overhauled

Society|
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By Kim Sun-Young
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The so-called "Goo Hara Law," which restricts inheritance rights of parents who seriously neglected their child-rearing duties, will take effect in January next year. Changes to judicial systems directly affecting citizens' lives—including the establishment of rehabilitation courts in Daejeon, Daegu, and Gwangju, expanded legal aid for personal bankruptcy and rehabilitation cases, and the introduction of living expense accounts—will be implemented sequentially from the first half of 2026.

The Supreme Court announced on the 30th the "Judicial System Changes for the First Half of 2026," outlining major judicial reforms scheduled to take effect early next year among laws and regulations already passed by the National Assembly and promulgated.

The inheritance right forfeiture declaration system (Article 1004-2 of the Civil Act), newly established through the Civil Act revision, will apply from January 1 next year. The system allows for the revocation of inheritance rights when a direct lineal ascendant of the deceased seriously violated their duty to support the deceased during their minority, or committed serious criminal acts or severely unjust treatment against the deceased, their spouse, or direct lineal descendants. When a notarized will exists, the executor may file for inheritance right forfeiture with the family court; when no will exists, co-heirs may file. Once the forfeiture is finalized, its effect retroactively applies to the time of inheritance commencement.

Judicial infrastructure will also expand in the insolvency sector. Rehabilitation courts will be newly established in Daejeon, Daegu, and Gwangju from March 1 next year, completing rehabilitation court coverage across all High Court jurisdictions.

Improvements to debtor protection systems will proceed in parallel. From February next year, small business owners with annual sales of 300 million won or less will be eligible for support covering attorney fees, service costs, and bankruptcy trustee appointment expenses in personal bankruptcy and rehabilitation cases. The same month, the introduction of the living expense account system under the revised Civil Execution Act will allow debtors to use deposits up to 2.5 million won per month without concern for seizure.

Convenience in using judicial procedures will also improve. From February next year, the court record viewing and copying reservation system will be expanded to all courts nationwide. Through email reservations, users can coordinate viewing and copying schedules, expected to reduce waiting times and return visits previously caused by judge approvals or anonymization processing.

Additionally, general regulations to systematically guarantee judicial access for persons with disabilities, the elderly, and pregnant women will take effect from January next year. Courts at all levels must designate judicial support officers and conduct related training at least once annually, while strengthening facility and information accessibility throughout trial and civil petition procedures.

Systems protecting children of divorced families will also be revised. In January next year, child-rearing guidance materials for divorcing parties with minor children will be completely overhauled, with new video and animation content reflecting children's perspectives and emotions to be provided.

Original reporting by Kim Sun-Young for Seoul Economic Daily.

AI-translated from Korean. Quotes from foreign sources are based on Korean-language reports and may not reflect exact original wording.

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