When property crimes such as theft, fraud, and embezzlement occurred between family members or relatives, it was often difficult to impose punishment or exemptions from punishment in the past simply because of the reason of 'family'. This is called 'syndical immunity'.

Recently, there have been significant changes to this system due to the Constitutional Court's decision and amendments to the criminal law by the National Assembly. I will summarize the changes in the criteria for punishing property crimes among family members and the contents of the revised criminal law.

The existing criminal law exempted punishment for property crimes committed among close relatives, such as direct lineal descendants and spouses (syndical immunity), but the relevant provisions have been practically abolished through the Constitutional Court's decision of unconstitutionality on June 27, 2024 and the amendment of the criminal law on December 30, 2025. Now, punishment is possible if there is a complaint from the victim (complaint-based crime), and it will be applied retroactively to incidents occurring after June 27, 2024.

[Table of Contents]

1. Past Regulations: Property Crimes Between Family Members and the Limitations of Syndical Immunity

2. Decision of the Constitutional Court: Recognition of Violation of the Procedural Right to Trial of Criminal Victims

3. Revised Criminal Law: Abolition of Punishment Exemption and Transition to 'Complaint-Based Crime'

4. Application Timing: Retroactive Application and Special Provisions for Complaints

1. Past Regulations: Property Crimes Between Family Members and the Limitations of Syndical Immunity

According to Article 328, Paragraph 1 of the existing criminal law, it stipulated that punishment would be exempted for property crimes such as theft and fraud that occurred between direct lineal descendants, spouses, cohabiting relatives, cohabiting families, or their spouses. Additionally, crimes between other relatives were classified as 'complaint-based crimes', which could only be punished if there was a complaint. As a result, there were many cases where it was difficult to impose legal punishment despite serious property damage occurring within families.

However, as property crimes among relatives increased, continuous criticism was raised that the blanket exemption from punishment was unjust.

2. Decision of the Constitutional Court: Recognition of Violation of the Procedural Right to Trial of Criminal Victims

The beginning of the change was the decision of the Constitutional Court. The Constitutional Court judged that the existing provisions on syndical immunity violated the procedural rights of criminal victims in trial.

Accordingly, on June 27, 2024, the Constitutional Court issued a 'decision of unconstitutionality' regarding Article 328, Paragraph 1 of the criminal law, which stipulated the exemption from punishment for property crimes among family and relatives, and the application of that provision was immediately suspended.

3. Revised Criminal Law: Abolition of Punishment Exemption and Transition to 'Complaint-Based Crime'

Following the Constitutional Court's decision, legislative measures were also completed. On December 30, 2025, with the passage of the amendment to the criminal law in the National Assembly, the so-called 'syndical immunity' was abolished and new criteria were established.

To summarize, the key contents of this amendment are as follows.

• Deletion of the Exemption Clause: Property crimes are no longer exempt from punishment simply because they are family-related.

• Integration into Complaint-Based Crime: The content of the existing Paragraph 1 has been integrated and adjusted into Paragraph 2, changed to allow punishment if there is a complaint from the victim.

• Expansion of the Right to Complain: Special provisions were made to allow complaints against one's own or the spouse's direct ascendants (parents, grandparents, etc.), thus ensuring the participation and right to testify of victims in the trial process.

4. Application Timing: Retroactive Application and Special Provisions for Complaints

It is very important to check the starting point and transitional provisions of the application of the revised criminal law.

1. Retroactive Application: The revised provisions apply to incidents occurring after the decision of unconstitutionality was made on June 27, 2024.

2. Special Provisions for Transitional Incidents: For 'transitional incidents' that occurred between the date of the Constitutional Court's decision (June 27, 2024) and the amendment of the law, special provisions have been established to allow victims to file complaints within six months from the date the law takes effect.

Therefore, those who have suffered damage during this period should be careful not to miss the complaint period.

Property crimes between relatives should prioritize legal judgments over emotional responses. According to the revised criminal law, we will thoroughly examine whether you can restore your legitimate rights. If you are struggling with theft, fraud, or embezzlement among family members, please do not hesitate to reach out to Cheongchul Law Firm.

This post was created for informational purposes based on the content of the related YouTube video, and we recommend that you consult directly with a lawyer for specific legal advice.