Family Law in South Korea

Introduction

South Korean family law is codified in Part IV (Family) and Part V (Succession) of the Civil Code (민법), governing marriage, divorce, parent-child relationships, adoption, and inheritance. The law has undergone substantial reform since the 1980s, moving from a patriarchal family system rooted in Confucian tradition toward gender equality. The Constitutional Court has played a decisive role in striking down discriminatory provisions, including the head-of-family system (hojuje) in 2005 and the ban on same-sex marriage (2024).

Marriage

Formation

Marriage is valid upon registration with the competent authority (Article 807). The minimum age is 18 (with parental consent required for those under 19). The Civil Code prohibits marriages between closely related persons (Article 809).

Spousal Rights and Duties

Spouses have equal rights and duties in marriage (Article 826). The 2005 family law reform eliminated the husband’s legal authority as household head. Spouses must support each other, and the matrimonial property regime is based on separate property with division upon divorce.

Divorce

Divorce by Agreement

Consensual divorce is available through family court confirmation after a cooling-off period (three months with a minor child, one month without). The court may refuse confirmation if the agreement on child custody and support is inadequate.

Judicial Divorce

Grounds for judicial divorce include adultery, malicious desertion, and “serious cause making continuation of marriage difficult” (Article 840). No-fault divorce is available through the “breakdown of marriage” ground, recognized by the Supreme Court since 2005.

Property Division

Upon divorce, the court may order division of marital property acquired jointly during the marriage. The division considers the parties’ contributions, including non-financial homemaking contributions. Alimony (wisuryo) is available based on need and ability to pay.

Parent and Child

Parental Authority

Both parents exercise joint parental authority (chingwon) over their minor children (Article 913). The 2005 reform eliminated the father’s priority. Upon divorce, the court determines custody, parental authority, and child support obligations.

Child Support

The Child Support Enforcement Act (2014) strengthened enforcement through wage garnishment, property seizure, and driver’s license suspension for delinquent parents. The court may order direct payment withholding.

Inheritance Reform

The 2021 Inheritance Reform (Act No. 17993) modernized inheritance law:

• Spousal inheritance right increased: The surviving spouse’s statutory share was increased from 1.5× to 2× a child’s share
• Forced heirship retained: Certain heirs (descendants, ascendants, spouse) retain compulsory portions
• Inheritance tax: Progressive rates up to 50% (increased to 60% for largest estates in 2022)

Same-Sex Marriage

In July 2024, the Supreme Court held that same-sex couples are entitled to spousal health insurance coverage, a landmark decision advancing marriage equality. The Constitutional Court is reviewing related legislation.

Conclusion

South Korean family law has transformed from a patriarchal system to one increasingly based on gender equality and individual rights. The Constitutional Court’s activism and legislative reforms — particularly the 2005 abolition of the head-of-family system and 2021 inheritance reforms — have modernized the framework significantly.