More than 75 percent of South Koreans surveyed by a local pollster think “filial duty contracts” -- a legal document that makes it mandatory for all grown children to financially and emotionally care for their aged parents -- are necessary should they receive any gifts such as real estate or stocks from them.

The survey results were released two days after the Supreme Court ruled in favor of an elderly father who filed a suit against his son, who, in spite of signing a filial duty contract, did not care for his ill mother as promised after receiving a personal estate. The court acknowledged the legality of the document and ruled the son must return the property to his father, as the property was gifted in exchange for his support.

In August, a controversial bill, which gives Korean parents the right to sue their children in case of mistreatment and ask them to return any gifts, was introduced by the main opposition The Minjoo Party of Korea. The bill is currently pending at the National Assembly. 
 

Filial duty has been largely considered as one of the most important traditional values in Korea. Even until the mid-1980s, all grown children in Korea, especially the sons, were "expected to have the responsibility and obligation for their aged parents' well-being because of the reciprocal dependence of successive genearations," according to scholar Keun Young Chung Pang's 2000 book "Virtuous Transcendence."

"Parents may depend on all their sons because all their sons have depended on them," the scholar wrote in the book. "Each son has a debt from his early years that has to be repaid."

Yet with the nation's changing family structure and expensive cost of housing and education that often burden young Koreans, more elderly citizens in Korea are unable to rely on their children to take care of them. According to government data, 1.02 million out of 5.42 million elderly Koreans are reported to be living alone this year.

The  survey results on the "filial duty contracts" showed that Koreans still feel obligated to fulfill -- and benefit from -- filial duty. Among the 567 Koreans who participated in the survey by Seoul-based Real Meter, 77.3 percent said such filial duty contracts are necessary between grown-up children and their parents.

While 87 percent of those in their 50s agreed with the idea of having such contracts, only 64.7 percent of those in their 20s shared the view.

Responses varied among regions. Those who live in Daegu and North Gyeongsang Province had the highest proportion of individuals – 92.8 percent -- who believed the contracts were necessary. Eighty-five percent of those who live in Ulsan and South Gyeongsang Province, 73.2 percent of those who live in Seoul and Gyeonggi Province, and 65.8 percent of Gwangju and Jeolla Province residents believed the same. 

Also, 67.7 percent of all participants said they believe the bill introduced by TMK that guarantees a parent’s right to retract a gift should they get mistreated by their children, must be approved and passed by the National Assembly.

Under the current law, a donor may rescind a gift contract if the recipient committed an act of crime against the donor, or if “the beneficiary is obliged to support the donor but does not do so.” However, the law also states that rescinding a gift contract does not have any effect once the gift has already been given to the beneficiary.

According to the Welfare Ministry, 5,772 instances of elderly abuse were reported in Korea last year. Of the abusers, 51.1 percent were the victims’ adult children. With the country recording the highest poverty rate for elderly citizens -- 49. 6 percent -- among the Organization for Economic Cooperation and Development nations this year, the number of Korean parents suing their children for financial support more than doubled from 135 in 2004 to 262 last year.

Critics of the bill said the number of elderly individuals who can actually afford to give gifts to their children is very small, and therefore the law revision won’t benefit the majority of the elderly population, especially those who live below the poverty line. Proponents support legal contracts for property transactions, even between a parent and a child.

Researcher Choi In-hee from the Korea Women’s Development Institute said the government should share responsibility to take care of and financially support the elderly members of family, and also take into account the difficulties faced by young adult Koreans to afford housing or education.

According to Statistics Korea, 10.1 percent of all young Koreans aged 15-29 were not in school and out of work this year, even after more than four weeks of job hunting.

Once the statistics include those who are not employed as they are faced with situations that are beyond their control such as critical family illness, or those who haven’t been searching for jobs for more than a month, the proportion of unemployed young Koreans reached 22.4 percent this year.

By Claire Lee (dyc@heraldcorp.com)