Father and Son in '11-Year Caregiving Murder' Case File Constitutional Complaint, Claiming 'Homicide at Request'

A father and son who killed their family member after 11 years of caregiving have filed a constitutional complaint against a court ruling, arguing that the crime should be classified as homicide at the request of the victim rather than parricide.

This marks the first time a case related to a caregiving murder has been filed since the constitutional complaint system against court rulings was implemented in March of this year.

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

The father and son were indicted on charges of murdering the victim in their home in Goyang, Gyeonggi Province, in March of last year. They had administered sleeping pills to the victim, who was bedridden due to the aftereffects of a cerebral hemorrhage and a hip fracture, before strangling her with an electrical 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.

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

The son, A, was sentenced to seven years in prison for parricide and violating the Narcotics Control Act, while the father, B, received a three-year prison sentence for murder.

They are once again asserting the claim of homicide at the request of the victim, which was rejected by the courts.

They argue that the victim had continuously requested to be killed rather than sent to a nursing home since December 2024, and that at the time of the crime, the victim's delirium had subsided, leaving her with clear decision-making capacity.

They presented a crime scene investigation report as evidence, noting that there were no defensive wounds, trauma, or signs of struggle, and that there were marks suggesting the victim had bitten her own tongue. They emphasized that the victim had cooperated with the act while suppressing her screams.

Homicide at the request of the victim is a crime committed upon the direct and specific request of the victim, and it carries a lighter penalty than general murder.

However, it remains uncertain whether the Constitutional Court will accept their complaint.

As of last month, over 1,200 constitutional complaints against court rulings had been filed with the Constitutional 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
※ Please note: This article was translated by AI and may contain errors.