What are children’s obligations to support and assist their parents?

Support (or maintenance) means that children provide the necessary supplies and expense for parents, which bear certain economic responsibility, provide the necessary economic help, and give material help. Obligation of support parents may occur not only between legitimate children and parents, but also child and parents out of wedlock, adopted children and parents, and stepchildren and stepparents who have fulfilled the support and education.

Duties to support

A Supporters of the elderly shall fulfill the duties of providing for the elderly economically, taking care of them in daily life and comforting them mentally, and attend to their special needs.

B Supporters shall ensure that the elderly suffering from illness receive timely treatment and care, and shall pay medical expenses.

C Supporters shall not refuse to fulfill their obligations of providing for the elderly with the excuse that they will give up their right of inheritance or for any other reason. Where the supporters do not fulfill their obligations of providing for the elderly, the elderly shall have the right to ask the supporters for payment of support and other rights. The supporters shall not ask the elderly to do any work beyond their ability.

D The freedom of marriage of the elderly shall be protected by law. Their children or other relatives shall not interfere in their divorce, remarriage and post-remarriage life. The supporters shall not be relieved of the duty to provide for the elderly because of any change in the marriage of the elderly.

E The elderly shall be entitled to dispose of their personal property, their children or other relatives shall not interfere in, and shall not obtain by force the property of the elderly. The elderly shall have the right to inherit the inheritance of their parents, spouses, children or other relatives according to the law and the right to accept donations.

Legal liability for failure to perform the obligations to support their parents

Marriage Law

Where any child fails to perform his or her obligations, the parents thereof who are unable to work or who are living a difficult life shall be entitled to ask their child to pay aliments.

Those who refuse to perform their duties may be sued.

If the circumstance is serious and thus constitutes a crime, the criminal responsibility shall be pursued according to the law.