Jung Woo Sung, you're responsible until the end? Professional lawyer pointed out, "I should have done 'this' first to become a real 'father'."

YTN Radio (FM 94.5) [YTN News FM Wise Radio Life]
□ Broadcast Date: November 27, 2024 (Wednesday)
□ Host: Announcer Park Gui-bin
□ Castor: Yang Narae Divorce Lawyer

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

◆ Announcer Park Gui-bin (hereinafter referred to as Park Gui-bin): Public opinion surrounding the extramarital child born between actor Jung Woo-sung and model Moon Gab-i is hot. I became my mom and dad without getting married. Jung Woo-sung said, "I'm not getting married, but I'll do my job as a father." Let's talk to a divorce lawyer about what legal responsibilities we have to take. I'll put Yang Narae on the line. Hello, lawyer.

◇ Yang Narae Divorce Lawyer (hereinafter referred to as Yang Narae): Hello. Nice to meet you. It's Yang Narae.

◆Park Gui-bin: Nice to meet you. I think you've seen a lot of similar cases like this because you're a divorce lawyer. First of all, I don't think we're that familiar with it, but when a man and a woman have a child without marriage, it's their responsibility as parents, so this time Jung Woo-sung expressed it as his biological father. You say you will fulfill your biological father's responsibilities, are there many cases like this?

◇ Yang Narae: Yes, there are quite a few. However, there are quite a few cases where we get married when we are in a relationship or get pregnant in the textbook, and there are not many cases where we just say that we will take responsibility without getting married.

◆Park Gui-bin: In reality, people get married more often and have children. But anyway, you mean that there are cases in reality. With a child born between the two this time, it is described as an out-of-wedlock because he was born without marriage. How is this legally defined?

◇ Yang Narae: Actually, the law does not clearly define extramarital persons. Out-of-wedlock refers to a child born outside of marriage without legal marriage. That's because out-of-wedlock is not legally a parent-child relationship. Legal responsibility arises only when we recognize extramarital people as children under the law.

◆Park Gui-bin: According to the law, an extramarital child is not a biological child.

◇ Yang Narae: Yes, that's right.

◆Park Gui-bin: If Jung Woo-sung says he will fulfill his responsibilities as a biological father, shouldn't we accept this extramarital child as a biological child?

◇ Yang Narae: That's right. What we accept as a biological child is to go through the process of recognition in order to become a child by law. To take responsibility because I'm just a biological father without going through this cognitive process is just to take moral responsibility, not to have any legal obligations.

◆Park Gui-bin: So the expression of the biological father, not the biological father, means that you want to recognize the biological father now, right?

◇ Yang Narae: Yes, that's right. But just because we've been genetically tested and confirmed as my child doesn't mean we're recognized as a biological father in itself. If the biological father recognizes it and the child goes through the process of verifying that the child is correct under my law, or if the father does not do this, the child's mother can claim recognition and be recognized as a father under the law.

◆Park Gui-bin: If a mother makes a claim for paternity from the mother's perspective of having a child, the biological father's position must be accepted. You can't resist it?

◇ Yang Narae: That's right. Yes, if it is confirmed as a father through genetic testing, it is unconditionally recognized.

◆Park Gui-bin: I see. Then what happens to the family register? These days, it's called the Family Relations Register.

◇ Yang Narae: Then it's when you get a family relationship certificate from your child's point of view. Based on the child, the mother's birth mother comes out and the father's birth father comes out. But from the mother's point of view, when she takes out the family relationship certificate like this, she's not married. So, the child comes out and the child comes out as a child from the father's point of view, but the status of each spouse is empty now, right?

◆Park Gui-bin: Then if you remove Jung Woo-sung's family relations register, is this child registered as a biological child? Is that how it's going to work?

◇ Yang Narae: It's not known yet if it's even recognized now. So if you've gone through a cognitive process, you're going to be a child underneath.

◆Park Gui-bin: When Jung Woo-sung first revealed this report, he said, "My biological father is right. I already completed the paternity test," but he recognized it. You don't mean this?

◇ Yang Narae: Yes, that's right. Just because it's genetically confirmed that it's my child doesn't mean it's a legal relationship. As we said earlier, if this becomes a child relationship on the family relationship certificate, inheritance or various legal relationships will be formed in the future, so the recognition process is essential.

◆Park Gui-bin: I see. But we can't see if Jung Woo Sung did it, right?

◇ Yang Narae: Yes, that's right.

◆Park Gui-bin: Yes, I think Jung Woo-sung does not raise children himself. Then you have to pay child support to your mother, Moon Gabi. How much can I get?

◇ Yang Narae: First of all, when calculating child support expenses. The standard table for calculating child support expenses distributed by the court is now being set. However, when the income section reaches a maximum of 10 million won, the amount up to 3 million won is set as the maximum. However, just because the amount is on the table, the maximum limit is not set at 3 million won. If the father is very financially comfortable and has a lot of assets, and if we agree to educate our children in a better way, such as an English kindergarten or a large amount of education, child support may be set beyond the limit set in the table.

◆Park Gui-bin: It doesn't matter the size of your father's wealth. Even if it's a lot, it's possible for a larger amount. I can only talk about it at this level.

◇ Yang Narae: That's right. So when the income is more than 10 million won, it's 100 million won or 200 million won, it's not exactly set as how much. There is only the possibility that it can be increased.

◆Park Gwi-bin: Yes, I see. Then, how do you raise the possibility of being higher between your biological mother and your biological father?

◇ Yang Narae: Yes, that's right. If the consultation is conducted at an appropriate level, you can agree on more than 3 million won and receive it. If that doesn't work and I said I would only give the largest amount of child support calculation, but if I think that amount is too small, this amount of child support should be recognized because the biological father's assets, income level, and a certain level of education through a separate application for an increase in child support. You have to fight in a lawsuit. In that case.

◆Park Guivin: What is the last name of the child and parental authority in the case of extramarital persons?

◇ Yang Narae: Before recognizing it, I will follow the last name of my real mother. However, after recognizing it, in principle, it follows the father's last name, but the couple may decide to follow the mother's last name, which was previously used, under consultation.

◆Park Gui Bin: That's right. So even when you're not a couple?

◇ Yang Narae: So through the agreement of birth mother and biological father.

◆Park Gui-bin: Then, isn't there the process of recognizing the parent-child relationship? Isn't there a fixed period of time?

◇ Yang Narae: Yes, it's not fixed.

◆Park Gui Bin: Is that so? Let's take a look at the inheritance problem. In the past, out-of-wedlocks were discriminated against in the inheritance relationship. I heard this kind of story. Is it different now?

◇ Yang Narae: If an extramarital person does not recognize it, there is no child status under the law, so of course, the right to inherit does not occur. If you become a child by law through the cognitive process, your status as an heir is equal, regardless of whether you are an extramarital or a child born during a marriage, so you will not be disadvantaged or discriminated against in inheritance.

◆Park Gui-bin: I think the cognitive process is a very important point, but you said earlier that there are cases where men and women do not marry each other even though this extramarital person was born. Then, if I don't go through the cognitive process, the biological father only needs to give me child support, and is there no other obligation?

◇ Yang Narae: I wish you hadn't recognized it. Apart from being morally responsible, it is not possible to claim child support payments under the law.

◆Park Gui Bin: Is that so?

◇ Yang Narae: The obligation occurs only when it is confirmed, so you must go through a recognition process to secure child support.

◆Park Gui-bin: Does it usually go through a multi-cognition process? If you look at the actual cases?

◇ Yang Narae: That's right.

◆Park Gui-bin: But is there any atmosphere in which the biological father is reluctant to do that?

◇ Yang Narae: That's why I'm going to claim recognition. If you hear in advance like this, don't claim recognition. Instead, I will pay a certain amount of money in advance, so I often try to negotiate not to claim it.

◆Park Gui-bin: How should I deal with such cases? From your birth mother's point of view?

◇ Yang Narae: From the standpoint of the birth mother, if she thinks of her child, shouldn't she go through the recognition process so that the right to inherit can now arise later? Because now, I may not recognize it because I think I can raise my child well, but people don't know. If a friend suddenly has a problem one day, someone has to raise and take responsibility for the child, and the best thing is that if the legal responsibility is clearly confirmed, then you can get compensation then.

◆Park Gui-bin: Public opinion on this issue also varied a lot. So the opinion is that it's not right to get married without love just because a child is born. And there is also an opinion that it is not right to get married when a child is born, what are you talking about? You have to take responsibility for it. But if you look up various articles, there is a saying that in this case, the probability of divorce increases if you get married. What do you think?

◇ Yang Narae: But this is really a case-by-case. There are couples who are so grateful for having a child first and live well. There are cases where they get married in a short period of time because they are forced to get married because of their children. So, I don't think it's a problem that can be generalized in terms of probability that you can't live well when you have a child first and get married now.

◆Park Gui-bin: That's right. You're right. Since everyone has different positions and different stories, there are also stories like this. The reason why Jung Woo-sung didn't choose to get married is related to his wealth. There's a saying like this. What it means is that if you get married and get divorced even if you don't want to, you'll lose more of your property from Jung Woo-sung's point of view. What do you think?

◇ Yang Narae: I can't say it's because of it prematurely.

◆Park Gui-bin: So I'd appreciate it if you could just check the facts on this.

◇ Yang Narae: Even before marriage, assuming that you are getting married, if Jung Woo-sung had a considerable amount of assets before marriage, but if he gets married and maintains a certain relationship, this becomes joint property between the couple. In theory, this is a unique property, but in practice, if you maintain your marriage, you will be able to share your property according to a certain contribution, considering that your spouse's contribution to maintaining it or increasing its value. So if I get married for five or 10 years, I have to divorce and divide the entire property. So, actually, I think that this might be considered realistically when deciding to marry before the divorce.

◆Park Gui-bin: That's right. The reason why Jung Woo-sung did not choose to marry is because of his wealth. There were a lot of speculative reports coming out right now, so I just asked you legally what the content was. Many people are surprised by this incident because Jung Woo Sung has a girlfriend who is dating even though the truth is not revealed yet. Or there is a woman who has been in a common-law relationship for 10 years. There are many speculations. If you have a relationship with another woman like this, what kind of damages can they claim from Jung Woo-sung regarding the birth of an extramarital person?

◇ Yang Narae: It would be difficult to claim damages under the law even though it would be morally criticized if they were simply dating. However, if there was someone who had been teaching materials for 10 years and maintained a close relationship that led to a common-law marriage, in that case, alimony can be claimed because they had a relationship with another woman and gave birth to a child. So I think it's important whether this was just a relationship or a relationship really equivalent to a common-law relationship.

◆Park Gwi-bin: You're right. I've pointed out a lot about out-of-wedlock people, and we talked a lot about the Hong Gil-dong era. It's legally the same now. From an out-of-wedlock perspective, I don't get a lot of difference while talking to a lawyer. What do you think? Please give me a brief word.

◇ Yang Narae: In fact, I don't think there are any legal disadvantages from the moment the extramarital recognizes it. However, if you say you're out of wedlock, there are things like a family relationship certificate from the mother's point of view, such as a situation where there is no father. So it is true that we have no choice but to receive negative social attention. Still, the legal disadvantage is not likely to be very large if it is in the recognition process.

◆Park Gwibin: I see. So far, I've been a Yang Narae divorce lawyer. Thank you.

◇ Yang Narae: Yes, thank you.