A father and son who murdered their family member after 11 years of caregiving have filed a constitutional complaint, arguing that the act was "homicide by request" rather than "parricide."

This is the first case related to "caregiving murder" to be filed since the constitutional complaint system was implemented in March of this year.

The son, identified as A, who killed his mother in her 80s, and the father, B, who assisted in the crime, filed the complaint with the Constitutional Court last month. They requested the annulment of the Supreme Court's ruling, claiming that their rights—including the right to a life with human dignity, the pursuit of happiness, and the principle of self-responsibility—had been infringed upon.

In March of last year, at their home in Goyang, Gyeonggi Province, the father and son were indicted on charges of feeding sleeping pills to the victim, who had difficulty moving due to the aftereffects of a cerebral hemorrhage and a hip fracture, and then strangling her with a power strip cord.

The pair, who had been caring for the victim for 11 years since 2014, were found to have decided to commit suicide together after facing extreme financial hardship and the threat of eviction as the victim's condition worsened, including symptoms of delirium.

After the crime, the father and son attempted to jump into the Han River but were rescued.

Son A was sentenced to 7 years in prison for parricide and violating the Narcotics Control Act, while father B received a 3-year prison sentence for murder.

They are now reasserting the claim of "homicide by request," which was rejected by the courts.

They argue that the victim had consistently said since December 2024, "Kill me rather than send me to a nursing home," and that at the time of the crime, the victim's delirium had subsided, leaving her with clear decision-making capacity.

They presented a forensic report as evidence, noting that "no defensive wounds, trauma, or signs of struggle were observed, and there were marks suggesting the victim bit her own tongue." They emphasized that the victim cooperated with the act while suppressing her screams.

Homicide by request is a crime committed upon the direct and specific request of the victim and carries a lighter penalty than general homicide.

However, it remains uncertain whether the Constitutional Court will accept the father and son's complaint.

As of last month, over 1,200 constitutional complaints had been filed with the court, but only 10 cases have been referred to the full bench.

Reported by Jung Da-eun | Video by Kim Na-on | Graphics by Lee Jung-ju | Produced by SBS Digital News