[Joking] "JEONG WOO SUNG, you can give up to 5 million won for child support".Inheritance of property? It's possible."

□ Broadcast date and time: November 26, 2024 (Tue)
□ Host: Attorney Jo In-seop
□ Castor: Attorney Kim Mi-ru

- Out-of-wedlock, mother's family relationship certificate...Jung Woo-sung who 'recognized his/her paternity' is also possible
- Jung Woo-sung and Mun Gabi can both inherit property to his/her son
- Jung Woo-sung 'out-of-wedlock' Mr. 鄭? Moon? The principle is that the parent can be supported by 父 or consultation
- Child support, Jung Woo-sung's income is different from ordinary people...4~5 million won is also available for consultation
- Co-raiser? It's still hard to meet the conditions...In accordance with the principle of priority on child welfare, the possibility of raising a child alone
- Interview with a child, if he/she is a newborn child, visit his/her home and interview him/her on the same day
- Change to the status of 'out-of-wedlock → born during marriage' if he/she gets married later

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◇ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): It was yesterday. There was some news that surprised everyone. It was news that Jung Woo-sung, a famous Korean actor, became a father. The child's mother is a model, Moon Gabi, who recently announced the birth of her son through SNS, and Jung Woo-sung also said that the child's biological father is correct. There are many speculations and words among Internet users about this. In today's forum, we will address legal issues related to this. I'm with lawyer Kim Mi-ru. 

◆ Attorney Kim Mi-ru (hereinafter referred to as Kim Mi-ru): Hello.

◇ Jo In-seop: We will talk about Jung Woo-sung's 'controversy over extramarital affairs' from an objective perspective within the legal framework. The news came out that a child was born between Jung Woo-sung and Mungabi. The part that I'm most interested in right now is the part where Jung Woo-sung and Moon Gab-i were born without marriage, which is called out-of-wedlock. First of all, shall we talk about the concept of extramarital people?

◆ Kim Mi-ru: When you get married, you usually register your marriage. If a child is born in this state of marriage registration, it is called "a person born during marriage." However, when a child is born without a marriage registration, it is called an extramarital person. When a couple is married but does not report the marriage, it is called a de facto marriage, and children born in this de facto marriage are also out of wedlock.


◇ So are Jung Woo-sung and Moon Gab-i actually married?

◆ Kim Mi-ru: I don't know the exact facts, but from what's written in the article, I don't think it's a common-law marriage because you two didn't even have a wedding. 

◇ Cho In-seop: If you look at the statistics of out-of-wedlock children in Korea, the number of newborns born outside of marriage exceeded 10,000 last year, almost the largest ever. In terms of ratio, one out of every 20 babies born is out of wedlock.

◆ Kim Mi-ru: According to the "2023 Birth Statistics" released by the National Statistical Office in August, non-marital births are
The number decreased from 9,300 in 2013 to 6,900 in 2020.It also increased in 2021 (7700) and 2022 (9800), and in 2023, the number of non-marriage births rose for the third consecutive year to 10,900. It is low compared to the average out-of-wedlock birth rate of 41.5 percent in OECD member countries, but it is a surprising record for Korea that 1 in 20 births is "out-of-wedlock."

◇ Jo In-seop: When you're actually dealing with divorce cases, do cases get complicated or variable due to "out-of-wedlock" issues?

◆ Kim Mi-ru: Yes, there are often. When an extramarital person appears, additional claims must be made to the child about who will be designated as a parental authority and how to determine child support and interview negotiations, and household investigations can be conducted accordingly.

◇ Cho In-seop: There's a lot of out-of-wedlock problems. But young people's perceptions have changed a lot these days. According to the National Statistical Office's 2024 Social Survey and the National Statistical Portal on the 17th, 42.8% of young people between the ages of 20 and 29 said they could have children without getting married this year.

◆ Kim Mi-ru: Yes, that's right. Compared to 30.3% of respondents who answered positively in 2014, it increased by 12.5 points. On the other hand, among those in their 20s, they must get married. Or the percentage who said it was better to do it decreased from 51.2% in 2014 to 39.7% in 2024.

◇ Cho In-seop: I think the perception of unmarried childbirth has changed a lot in this atmosphere. I think we need to learn more about the rights of out-of-wedlock people. First of all, what are the legal rights of these out-of-wedlocks?

◆ Kim Mi-ru: First of all, it's clear that these out-of-wedlocks are also children. Out-of-wedlocks can be listed on the mother's family relationship certificate because it is clear that the mother is the mother due to childbirth, and the father (Jung Woo-sung) family register can also be listed as a "child" on the family relationship certificate. It is legally called 'recognition' for a father to admit that his child is correct. If out-of-wedlock is recognized like this, you can receive child support from your father, and your father can interview your child. And out-of-wedlocks can also inherit from their parents. So, the child between Jung Woo-sung and Moon Gabi can receive Jung Woo-sung's property and inherit Moon Gabi's property.

◇ Cho In-seop: Okay, so whose last name will the child follow?

◆ Kim Mi-ru: In principle, children follow the family name of their father. When parents agree to follow the mock surname and pattern when registering a marriage, they sometimes follow the mock surname and pattern. Anyway, it's a principle to follow your father's last name. However, in the case of non-marriage births, they can follow their mother's last name until they become 'recognition' (the father admits that his child is correct). In principle, it is necessary to follow the father's last name if it is recognized, but you can continue to use the previous last name according to the parent's consultation. If there is no consultation, you can continue to use the previous performance copy with the court's permission.

◇ Cho In-seop: Yes, and there are a lot of people who are curious about this. How will the child's child support be set?

◆ Kim Mi-ru: If Jung Woo-sung admits that his child is right through the 'recognition' process, he should take the child support for granted and Moon Ga-bi can also claim it.

◇ Cho In-seop: So how much is the child support? According to the Seoul Family Court's child support calculation standard table, the maximum section is about 2-300, but Jung Woo-sung is a celebrity and doesn't he earn a lot of child support? I have a lot of income, so what will be the child support?

◆ Kim Mi-ru: Usually, it follows the Seoul Family Court's child support calculation standard, but for those with a lot of profits such as Jung Woo-sung, if Moon Ga-bi proves one thing or another, there is a possibility that it will be set up a little more.

◇ Cho In-seop: And according to some articles, Jung Woo-sung does not want the burden of marriage and child rearing except for financial support. It may be speculated that the two could not reach a smooth agreement on this and eventually led to the current situation. If this is true, how is it usually organized?

◆ Kim Mi-ru: Marriage cannot be enforced by either party because it must be agreed upon by both parties. However, regarding the child, the child's parental rights, the designation of caregivers, and the interview negotiations with child support are not yet legally determined, so if Jung Woo-sung arbitrarily recognizes it or registers it as his child, or Moon Ga-bi creates a relationship between the child and the father, he can then set up parental rights, child support, and interview negotiations.

◇ Jo In-seop: So should we consider Moon Gabi and Jung Woo-sung as co-parent?

◆ Kim Mi-ru: It's hard to see him as a co-parent because he's not married at the moment, he's not married, he's not married, he's not in fact married, he's not in any cognitive process. However, after the recognition process proceeds, it will go through the process of designating parental rights and custody, but it is now considered that the child's parental rights and caregivers will be designated as one because it is more suitable for the welfare of children than jointly.

◇ [Jo In-seop] Yes, I see. Jung Woo Sung, will you be able to have a child interview later?

◆ Kim Mi-ru: Yes, of course, the child interview is possible. In fact, the court doesn't say anything about seeing a child by agreement between the two of you. However, if there is no consultation, if it is recognized that my child is correct, I can meet the child through an interview negotiation trial request. In principle, interview negotiations are conducted for one night and two days, but in the case of such a newborn baby, the father goes to the child's place and sees it on the same day.
 
◇ Jo In-seop: Yes, I see. Later, the child can inherit Jung Woo-sung's property, right?

◆ Kim Mi-ru: Yes, of course you can inherit it. Jung Woo-sung said that my child was right about the child and that he would do all his responsibilities as a father, so he can inherit it later.

◇ Jo In-seop: When Jung Woo-sung marries Moon Gabi, wasn't he previously an extramarital person? This changes the status, right?

◆ Kim Mi-ru: Jung Woo-sung and Moon Gab-i are now out of wedlock because they had a child without marriage, but if the two of you get married later, the status of 'out of wedlock' will be changed to 'born during marriage'. This is legally called 'junjeong'.

◇ Jo In-seop: So far, I've looked at the court issues regarding the "out-of-wedlock controversy" against actor Jung Woo-sung with lawyer Kim Mi-ru. You can listen to "Lawyers Cho In-seop's Counseling Office" again on YouTube and the website. If you have any questions or suggestions, please leave a message on the consultation bulletin board on the website.