"Dug Up Mother-in-Law's Grave to Sell Land"... Suspended Sentence Reduced on Appeal for Woman in Her 80s

Unauthorized Cremation of Remains in Hapcheon

First Trial: "No Consent from Other Children... Serious Offense"

Appeal: "Remorse and Compensation Considered" Sentence Reduced to Probation

A daughter-in-law who was put on trial for exhuming her mother-in-law’s grave and cremating the remains without the consent of other children in order to sell the land has received a suspended sentence on appeal.

On April 29, the Criminal Division 3-2 of the Changwon District Court overturned the lower court’s ruling that sentenced 80-something-year-old A to six months in prison for grave exhumation, instead sentencing her to six months in prison with two years of probation.

A was accused of exhuming the grave of her mother-in-law, B, located in Hapcheon County, South Gyeongsang Province, on July 17, 2023, and then cremating the remains. Investigators found that A committed the act without the consent of B’s other children, with the intention of disposing of her own land on which the grave was located.

In the first trial, A argued that her husband had presided over family ancestral rites while he was alive, and after he passed away in 1997, she and her children inherited that authority. She also claimed that the relocation of the grave was conducted with the consent of her children and according to proper procedures, and thus constituted legitimate management by the person in charge of the ancestral rites.

However, the first trial court pointed out, "A's husband only presided over the ancestral rites once, and after his death, neither A nor her children ever held rites for B, nor did they manage the grave. The management was handled by another direct descendant of B." The court added, "Exhuming the grave without seeking consent from B’s other children for the purpose of selling the land is particularly serious," and sentenced her to imprisonment.

However, the appellate court decided to reduce the sentence, taking into account that A has reflected on her wrongdoing and shown remorse to B’s children, and that she deposited 1 million won per person in compensation for B’s children during the appeal process.

Exhuming a grave without permission constitutes the crime of grave exhumation under the Criminal Act and can be punished by up to five years in prison.

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