The Complete Guide to Adultery Lawsuits in Korea
(What to do When Your Spouse Cheated on You With Korean Counterpart)
For many first-time encounters with Korean law and litigation, the following content may seem overwhelming. However, if you patiently persevere and carefully understand it, it will become your sword and shield in overcoming your current struggles.
1. Adultery in Korean Law After Decriminalization
The crime of adultery, formerly stipulated in Article 241 of the Korean Criminal Act, was abolished on February 26, 2015, when the Constitutional Court ruled it unconstitutional, deeming it a violation of "sexual self-determination and the right to privacy."
Therefore, adultery is no longer a crime in Korea.
However,
while it is not a criminal offense,
adultery is still an illegal act under the Korean Civil Act.
Although the criminal charge of adultery has been abolished, extramarital affairs remain illegal, and according to Article 751 of the Civil Act and Supreme Court precedents, compensation for mental damages can be claimed.
2. Adultery Lawsuits in Korea
After the decriminalization of adultery, the formal term for adultery lawsuits in Korea is "claims for compensatory money" or "damage suits." These are civil lawsuits where the plaintiff seeks compensation from the other party for the mental damages caused by their adulterous act, which led to the breakdown of the marriage.
Being in a marriage on the verge of breakdown and suffering extreme mental anguish does not necessarily mean you must divorce your spouse in order to file a lawsuit for adultery. In fact, in South Korea, it is more common for the victim to file an adultery lawsuit without getting divorced after the spouse's infidelity.
Claims for compensatory money can be made against the person involved in the adulterous relationship, regardless of gender.
3. Can a Foreigner File an Adultery Lawsuit in a Korean Court Against the Other Party?
Korean civil law does not consider the nationalities of the plaintiff and defendant when determining standing in an adultery lawsuit. However, considering factors such as [International Private Law] and the possibility of enforcing the judgment, a Korean court is more likely to assert jurisdiction if ① the adulterous act occurred in Korea, or ② even if it occurred outside Korea, the defendant's actual place of residence is in Korea.
The following are good examples:
① A husband posted or deployed to Korea commits adultery with a Korean or foreign national while in Korea.
② The adultery occurred in the United States, but the other party primarily resides in Korea as a Korean national.
③ The couple resides in Korea, and the spouse commits adultery with a Korean or foreign national in Korea.
4. Statute of Limitations for Adultery Lawsuits
In Korean courts, adultery lawsuits are subject to the statute of limitations for damage claims under Article 766 of the Civil Act.
The lawsuit must be filed within:
① 3 years from the date of becoming aware of the adulterous act, or
② 10 years from the date of the adulterous act.
Some people choose not to file a lawsuit if more than 3 years have passed since they first became aware of the relationship between their spouse and the other person.
However, if you initially forgave your spouse but later discover that their relationship is ongoing, the statute of limitations resets from the time you rediscover the affair, not the initial discovery.
As the statute of limitations for adultery lawsuits can vary depending on the facts, it is essential to consult with a Korean attorney specializing in adultery lawsuits to understand the specifics of your case.
5. Duration of Adultery Lawsuits - Time Until Judgment
While the duration of a lawsuit can vary depending on factors such as the opposing party's attempts to avoid the proceedings, typically, after filing the complaint, it is served to the defendant within a month, and the entire lawsuit process until judgment takes approximately 4-8 months.
6. Amount of Compensatory Money Attainable Through Adultery Lawsuits in Korea
In adultery lawsuits against the other woman/other man for compensatory money, the typical award ranges from around 15 million to 20 million Korean won. However, the judgment amount reflects individual, specific factors of each case, such as ① the degree of mental distress caused by the adulterous act, ② the duration of the adulterous act, and ③ the severity of the adulterous act. In fact, Haeon has achieved numerous successful cases with judgments awarding 20 million to 30 million won in compensatory money.
7. Why File an Adultery Lawsuit in a Korean Court?
Adultery laws have already been abolished in major countries worldwide since the early 20th century. Additionally, most states in the United States are "no-fault states," where adulterous acts themselves are not considered in determining compensatory money, and many other countries have similar law standards.
In other words, in many countries, spouse cannot demand any compensation from the other party involved in the adultery.
However, in Korea, although the crime of adultery has been decriminalized, as mentioned earlier,
① Responsibility for the breakdown of the family can be demanded not only from the spouse but also from the third party involved in the adultery.
② The judgment can be enforced to compel the other party to pay compensatory money.
③ Furthermore, if the other party fails to pay the judgment amount, additional procedures can be taken to render them as delinquent borrowers which would lead to their social destruction.
8. I Want to File an Adultery Lawsuit in a Korean Court, but I Don't Have Direct Evidence of My Spouse Having a Sexual Relationship. What Should I Do?
In Korean adultery lawsuits, the term "adultery" encompasses a broader concept that includes adultery itself, referring to any act that violates the duty of fidelity in marriage.
In other words, even without direct evidence of a physical relationship, you can still claim compensatory money from the defendant in a Korean court based solely on evidence such as emails, date photos, travel photos, or chat logs that revealed your spouse's affair.
[Relevant Supreme Court Precedents on Adultery Lawsuits]
When a third party engages in an adulterous act with one spouse, thereby violating the essential spousal cohabitation or obstructing its maintenance, and infringing upon the rights of the other spouse, causing them mental distress, it constitutes an illegal act in principle (Supreme Court Decision 2013므2441 dated May 29, 2015).
The term "adulterous act" here encompasses a broader concept than just adultery, including any improper conduct that violates the duty of fidelity in marriage, even if it does not amount to adultery. Whether an act is considered adulterous should be evaluated by considering the degree and circumstances of each specific case (Supreme Court Decisions 88므7 dated May 24, 1988, and 92므68 dated November 10, 1992).
9. Key Points to Win an Adultery Lawsuit in Korea
① There must be evidence that the defendant was aware that their romantic partner was married, and
② Despite this knowledge, they continued the romantic relationship.
In adultery lawsuits, the way to increase the liability for compensatory money is to prove that you suffered severe mental distress.
The criteria for determining the amount of compensatory money take into account various factors, such as the other woman's responsibility for the breakdown of the marriage and the duration of the adulterous relationship between the other woman and the offending spouse.
① Key Point #1: Diverse forms of evidence are accepted, so prepare as much evidence as possible.
It is necessary to prepare as much direct and indirect evidence as possible to prove the adulterous act.
If the spouse and the other woman continue their relationship even after being caught, focus on collecting evidence of this, as it can be crucial in increasing the compensatory money award.
For example, there may be evidence of the spouse blatantly cohabiting with the other woman after being caught or recorded conversations discussing how to deal with being caught.
If the adulterous relationship continues even while the adultery lawsuit is ongoing, gather all available evidence to prove this fact.
② Key Point #2: Avoid actions that could be grounds for reducing the compensatory money award, such as retaliatory infidelity.
Despite the obvious nature of this advice, many people tend to act carelessly or in a way that could be seen as a weakness.
Such actions, even if the initial wrongdoing was committed by the defendant, provide grounds for the defendant to claim they also suffered mental distress, which could be used as a basis for reducing the compensatory money award. Therefore, it is advisable to refrain from such actions.
③ Key Point #3: Refrain from illegal actions against the other party, such as physical violence or defamation.
Similarly, engaging in illegal actions could lead to criminal charges and provide the other party with leverage in the compensatory money lawsuit.
In South Korea, even if the claim is factual, publicly defaming or disgracing someone can be punishable as defamation, so exercise caution.
④ Key Point #4: If you do not know the other party's personal information, you can obtain it through a fact-finding process after initiating the adultery lawsuit.
In a lawsuit, the other party's personal information is required for identifying the party and serving the complaint. If you do not know the other party's specific details, you can request a fact-finding inquiry from the Korean court using her/his phone number to obtain her personal information.
10. Which Family Law attorney in Korea should you consult with?
The attorney that other lawyers trust to handle their own divorce cases.
The attorney that opposing lawyers refer their own familys to.
This is what Law Office Haeon is.
1) The Lawyers' Family Law attorney – Haeon
The fact that lawyers in Korea entrust their own or their family’s cases to Haeon is proof of our expertise. Even lawyers with no prior personal connection often come to us based on our established reputation within the legal community. We are the lawyers' family law attorney.
2) All Our Attorneys are Seasoned Professionals
Haeon's family law team consists entirely of senior attorneys who passed the bar exam between 2010-2012 and have years of experience practicing family law. This ensures our attorneys have the necessary expertise.
3) In-House CPA for Sophisticated Asset Valuation
Properly valuing a spouse's business interests is crucial in property division cases. However, only a handful of major law offices in Korea have in-house CPAs specializing in business valuation and forensic accounting - services that can cost millions or even tens of millions of won when retained separately.
Haeon has a consulting CPA who previously worked at a top-3 conglomerate of Korea and KPMG Accounting Firm. Our CPA partner provides sophisticated valuation, fraud investigation and transaction advisory services at a reasonable cost to protect our clients' interests.
4) English Interpreter Ready
At Haeon, we have an in-house interpreter who previously served as an English interpreter for the ROK Army and U.S. Army, working alongside them on joint operations. Even if your Korean language skills are limited, making it difficult to fully explain your situation, our interpreter ensures you can communicate seamlessly during your consultation. We bridge the language gap so you can get the legal guidance you need.
In times of crisis, everyone claims to be the best. But the truly superior attorney proves it through results. Haeon has the sophisticated expertise to deliver what you need.
