Legal interpretations have emerged over the legal status and future inheritance rights of the son born between director Hong Sangsoo and actress Kim Minhee, drawing public attention.
The two attended the 78th Locarno International Film Festival in Switzerland together on the 15th (local time) and appeared at an official event. Kim Minhee, who won the best actress award for Hong Sangsoo's new film "No Place to Look," said at a local Q&A with the audience, "It was the first film I shot after giving birth and taking about two years off," and added that "during filming I combined breastfeeding and baby food preparation while being on set with my child," directly revealing her postnatal status.
Kim Minhee gave birth to a son with director Hong last April, but Hong currently remains legally married to his wife, A, because the divorce petition filed in 2016 was dismissed by the Seoul Family Court in 2019 and was not appealed. Accordingly, the child born between the two is classified under the Civil Act as a child born out of wedlock (illegitimate child).
Experts say the key to an illegitimate child's inheritance rights lies in the father's recognition procedure. Divorce specialist attorney Yang Narae told TV CHOSUN, "Even if Kim Minhee is unmarried, she can register the birth under her name," and explained, "If the biological father, director Hong, recognizes the child as his own, the child will be entered in the family relation register and listed under the existing children." Once the recognition procedure under the Civil Act is complete, the child is acknowledged as a direct descendant and receives the same inheritance rights as existing children, so they are not disadvantaged in inheritance because they are an illegitimate child.
On the other hand, Kim Minhee's legal status shows a completely different aspect. A relationship that took place while Hong had a legal spouse falls under a "polygamous de facto marriage" and is not legally protected. In other words, even if Hong recognizes the son and inheritance rights are formed for the child, Kim Minhee cannot have spousal inheritance rights under Article 1003 of the Civil Act. Only the legal spouse, A, would have inheritance rights as a spouse.
In the end, even though a child was born from a relationship that lasted about 10 years, legally the "parental relationship" and the "spousal relationship" are strictly separated in their application.
Meanwhile, Hong Sangsoo and Kim Minhee, who met as director and actress through the 2015 film "Right Now, Wrong Then," have worked together as lovers and artistic collaborators for more than 10 years.
[Photo] live broadcast capture from the Locarno International Film Festival
[OSEN]