I hid my father's body in the freezer and filed for divorce...Can we have a retrial?

[Anchor]
YTN has been reporting continuously on the case of his son hiding his father's body in a freezer for more than a year.

However, it is shocking to find out that his son died of his father's death and filed for divorce.

Let's talk in detail with Shin Gwi-hye, a reporter from the Ministry of Social Affairs. Please explain what kind of incident it is.

[Reporter]
On the 1st, a man in his 40s came to Icheon Police Station in Gyeonggi Province.

He turned himself in, saying he hid the body of his father in his 70s in a freezer with a lawyer.

When the police visited my father's house, they found that his body was actually wrapped in plastic in the freezer.

An autopsy showed no signs of murder.

We have to wait for the results of the National Forensic Service's detailed examination, and the police estimate that he died around September last year based on his father's track record and his son's statement.

[Anchor]
Dad was filing for divorce from his stepmother while he was alive?

[Reporter]
Son A told the police that he could not immediately reveal his father's death due to property problems.

The report confirmed that the deceased father was filing for divorce from his spouse and A's stepmother, B, including the division of property.

In 2022, the father filed a divorce suit against his stepmother, B, and B also filed a counter-suit asking him to split his property.Mr.

B claimed KRW 3.3 billion in assets, and it is estimated that Mr. A's father's total assets were about KRW 6.9 billion at the time.

[Anchor]
But it was confirmed that your father died during the divorce proceedings?

[Reporter]
I'll explain how the lawsuit went through while looking at the screen.

The lawsuit began in July 2022.

The first trial court ruled for divorce without accepting stepmother B's claim to share the property.

After that, he went up to the Supreme Court through an appeal trial, and the Supreme Court confirmed the first trial's ruling in April.

However, in September, when my father is believed to have died, the appeals court began, and if so, the divorce lawsuit was filed against the body for more than half a year.

[Anchor]
But during the trial, the son hid his father's death, right?

[Reporter]
Mr. A hid his father's body in a freezer and thoroughly hid the death around him.

The lawyer representing his father also said he did not know his client's death until reporters contacted him.

He explained the situation at the time that he had not seen the client at all from a certain point in time and had talked to his son A about the lawsuit.

Stepmother B couldn't hide her embarrassment, saying she had heard from other family members that her husband had been found in a freezer while he was dead.

Mr. A said that he would let me meet with his father, and that he made several appointments and canceled them.

I'll listen to it myself.

[Mr. B/Mr. A's stepmother: The second trial was scheduled for September and October last year. [My son said he'd let me meet my father, and I promised him 3 times, but he was beaten up]

There are also suspicions that there may be a problem with the division of property against this background.

According to civil law, spouses by law inherit 1.5 times as many legacies as their children.

However, in the case of divorce, his son A will inherit most of the estimated 6.9 billion won in inheritance.

Therefore, it is inferred that this situation may have affected the process of filing for divorce by hiding the body of his father.

[Anchor]
Is there any chance of the divorce ruling being overturned?

[Reporter]
Divorce proceedings become invalid if the party dies before the outcome is confirmed.Even if the

1, 2nd trial ruling comes out, if one side dies before the ruling is finalized or before the Supreme Court ruling, the lawsuit will be invalidated.

Experts believe that the father's case is also likely to be accepted if his stepmother B files a retrial or a lawsuit for invalidation of divorce, as he appears to have died before the ruling is finalized.

Let's hear the expert's opinion firsthand.

[Kim Young-mi / Lawyer: If it is confirmed that he died before the (judgment was finalized), this divorce ruling is wrong. There is a reason for invalidation, so it will be a reason for retrial.]

In this regard, the Supreme Court also said that if B filed for a retrial, it would be sufficiently possible to hear it, but explained that it is difficult for the court to change the ruling ex officio.

[Anchor]
It's the first time the ruling has been confirmed against the body, so what's your position on the Supreme Court?

[Reporter]
The reason why this was possible is in the current domestic litigation system.

Although Article 7 of the Domestic Litigation Act stipulates the principle of self-attendance, it is possible to proceed with the trial if the legal representative, that is, a lawyer, is present, even if you are not necessarily yourself.

The role of the agent was important, but the father's agent was not aware of the client's death at all.

In practice, the court does not confirm the survival of the party if the agent is appointed normally.

Accordingly, the Supreme Court also explained that there was no way to know that A's father died.

Inside the legal profession, there are voices that the litigation process should be carried out more thoroughly.

Let's hear the expert's opinion firsthand.

[Seo Hye-jin / Lawyer: The identity, death, and survival of the person concerned should be checked further.... I think it's a part where we have no choice but to make midnight efforts.]

The Supreme Court said it could presume, i.e., that the parties must attend at the time of sentencing, but with this case in mind, revising the provisions that apply to all cases needs to be approached carefully.

We are interested in whether there will be any changes in the system in the future.

In addition, there is an analysis that if A is found to have deceived the court by pretending that he is a party to the lawsuit even though his father died, the results of the police investigation are also noteworthy.