Seoul Welfare Foundation Provides Free Legal Support to Prevent 'Parental Debt' Inheritance... Full Representation for Children and Adolescents

First Case Since Last Year's Related Ordinance Enactment... Preventing Debt Inheritance Left by Deceased Father to 10-Year-Old Child

[Asia Economy Reporter Lim Cheol-young] #A, a 3rd grader in elementary school (born in 2011, 10 years old), who lived alone with his father without contact with his mother for a long time, was about to bear a large debt left behind when his father suddenly passed away. The Seoul Welfare Foundation Seoul Social Welfare Public Interest Law Center (hereinafter referred to as the Public Interest Law Center) prevented the inheritance of A's debt through 'free legal support.' Since A's father suddenly died at the end of 2019, A has been living in a child care facility. As the first-priority heir, A was in a situation to inherit all the large debts at the time of his father's death, and the facility protecting A requested help from the Public Interest Law Center.

The Public Interest Law Center initiated litigation procedures to prevent A from inheriting the debt. Since a petition for judgment must be filed within three months from the date the death was known, they first obtained permission from the court to extend the period. Then, on the 28th of last month, by completing the application for renunciation of inheritance on behalf of A at the court, A was able to be freed from the debt left by his father.

This is the first case since the enactment of the 'Seoul Metropolitan Government Ordinance on Legal Support for Child and Youth Inherited Debt' in July last year. To ensure systematic legal support, Seoul City increased the staff by adding two lawyers and one administrative officer earlier this year.

On the 1st, the Seoul Social Welfare Public Interest Law Center announced that starting with this support, it will actively provide 'free legal support' to help minors and youths avoid inheriting debts from deceased parents.

The free legal support targets children and youths aged 24 or younger residing in Seoul. From filing a petition for renunciation of inheritance or limited acceptance of inheritance to the court's decision and the liquidation of inherited property, the center provides full legal representation free of charge, and covers all various costs such as court fees and delivery charges within the budget.

For minors like A, who can only perform litigation acts through legal representatives, the center simultaneously files for suspension of parental rights or appointment of a minor guardian.

Attorney Sung Yoo-jin of the Public Interest Law Center said, “It is important to file a petition for judgment with the court within the period to prevent debt inheritance. Especially in cases where the legal guardian on record does not exercise parental rights due to lack of contact or neglect, it is necessary to suspend parental rights and appoint a minor guardian, making the procedure complicated. Therefore, it is advisable to first consult the Public Interest Law Center for legal advice and receive guidance on the necessary procedures.”

Lee Sang-hoon, director of the Public Interest Law Center (attorney), said, “Even a debt of 10 million won is a considerable burden for children or youths if they have to repay it themselves. Through this ordinance, we will ensure that children and youths do not fall behind from the starting line in society due to their parents' debts.”

This content was produced with the assistance of AI translation services.