Deadline for Submitting an Answer and How to Draft an Answer When Sued as a Defendant in an Adultery Lawsuit in Korea
Bo-ram Kim Managing Partner
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Being designated as a defendant in an adultery lawsuit and receiving a complaint from the court is an event that can cause significant emotional shock and legal burden to the individual involved.
We would like to guide you on the deadline for submitting the defendant's answer, which forms the basis for defending your rights throughout the Korean infidelity lawsuit process, and how to draft it.
1. The Answer Must Be Submitted Within 30 Days
In Korea, adultery lawsuits are civil actions. According to Article 256 of the Civil Procedure Act, an answer must be submitted within 30 days from the date the complaint was served.
If the answer is not submitted within the designated period, pursuant to Article 257 of the Civil Procedure Act, the facts alleged by the plaintiff may be deemed "admitted" by the infidelity defendant, and a judgment may be rendered without a hearing (judgment without hearing). Therefore, it is crucial to adhere to the given deadline.
Failing to meet the 30-day deadline does not immediately result in a judgment entirely against the defendant. However, predicting when the court might schedule and pronounce a judgment without a hearing is difficult, making submitting the answer past the 30-day deadline a very reckless choice.
Should you realize you have missed the deadline, you must immediately consult with a divorce lawyer certified by the Korean Bar Association to discuss the matter and explore solutions tailored to your situation.
2. How to Draft the Adultery Defendant's Answer
The specific arguments and defenses a defendant can raise in an adultery lawsuit vary depending on the evidence presented by the plaintiff and the actual facts. From the defendant's perspective, the following main defense strategies can be considered:
① Denial of the Adulterous Act Itself
This involves arguing that the improper relationship alleged by the plaintiff never occurred. To do this, you must refute the evidence submitted by the plaintiff (e.g., messages, photos, witness statements) or logically argue that the evidence is insufficient to prove the adulterous act.
② Denial of Intent (Lack of Knowledge of Marital Status)
This involves admitting to having a relationship with the plaintiff's spouse but claiming complete ignorance of the fact that the person was married. For an adulterous act to be recognized as a tort, the defendant must have acted with intent or negligence. If the defendant was unaware of the marital status, intent may be negated. Evidence such as conversation records where the other party claimed to be single, or circumstantial evidence, can be submitted to support this claim.
③ Arguing the Marital Relationship Had Already Broken Down Before the Affair
This involves asserting that the plaintiff's marriage was already irrecoverably broken down before the defendant began a relationship with the plaintiff's spouse. Adultery lawsuits seek damages for the infringement or breakdown of the plaintiff's marriage caused by the defendant's infidelity.
If the marriage had already collapsed before the defendant's actions, the causal link between the defendant's conduct and the plaintiff's damages (marital breakdown) may be negated.
To prove this, specific evidence such as the period of separation, the filing of a divorce lawsuit, evidence of divorce settlement discussions, or statements from the plaintiff's spouse (e.g., mentioning marital discord, divorce preparations) must be presented (e.g., messages, recordings, witnesses). However, in practice, this is a very difficult argument to prove.
④ Arguing for Reduction of the Damages Amount
Even if the fact of the affair is admitted, this involves contesting that the amount of damages sought by the plaintiff is excessive. The court determines the amount of damages by considering various circumstances. The defendant can argue for a reduction based on the following grounds:
ⓐ The period of infidelity (affair) was short, or the degree was minor.
ⓑ The plaintiff's spouse actively initiated and led the relationship, while the defendant was passive.
ⓒ The defendant immediately ended the relationship upon learning of the marital status or had already severed ties before the lawsuit was filed.
ⓓ The plaintiff and their spouse are not divorcing and are maintaining their marital relationship.
ⓔ The defendant shows genuine remorse and an apologetic attitude. ⓕ The defendant's financial situation (considered as one factor, but not decisive).
ⓖ The plaintiff has already exacted sufficient private revenge against the infidelity defendant.
ⓗ The defendant and the plaintiff's spouse did not engage in sexual intercourse, etc.
⑤ Arguing That the Statute of Limitations for the Damages Claim Has Expired
It can be argued that the facts alleged by the plaintiff pertain to past events and that the 3-year statute of limitations has already expired. However, the statute of limitations for adultery lawsuits runs for 3 years from the date the plaintiff became aware of the act, not 3 years from the act itself, making this also a challenging argument.
Furthermore, an unrepentant attitude could provoke the plaintiff, so it is advisable to carefully review this argument with a lawyer before deciding whether to pursue it.
3. Litigation Process After Submitting the Answer
Once the defendant submits the answer, the lawsuit generally proceeds through the following steps:
① Service of the Answer Copy: The court serves a copy of the answer submitted by the infidelity defendant to the plaintiff.
② Written Submissions Exchange: The plaintiff submits a preparatory brief refuting the contents of the answer. Subsequently, both parties exchange several preparatory briefs to elaborate on their arguments, submit evidence, and engage in legal debate.
③ Preparatory Hearing Date: The presiding judge may designate a preparatory hearing date to clarify the issues of the case, organize the evidence, and establish a plan for future proceedings. Attempts at mediation or settlement may also occur during this process.
④ Hearing Date(s): This is the main trial date where the parties (or their representatives) appear in court to present their arguments orally and undergo examination of evidence (submission of documentary evidence, witness examination, etc.). Depending on the complexity of the case, multiple hearing dates may be scheduled.
⑤ Closing of Arguments: When the court determines there are no further matters to deliberate, it closes the arguments.
⑥ Pronouncement of Judgment: The court pronounces the judgment on the designated sentencing date after the closing of arguments.
The total duration of the lawsuit varies depending on the difficulty of the case, the number of issues, the parties' response strategies, the court's schedule, etc., and can range from a few months to over a year. If the case proceeds to appeal and further appeal (to the Supreme Court), the duration will be even longer.
4. Law Office Haeon
The place where lawyers entrust their own divorce cases.
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This is the story of Law Office Haeon.
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Famous Korean celebrities, national athletes, broadcast journalists, and experts from various fields, after thorough verification, entrust their cases to Haeon, believing in its experience and results, further confirming its expertise.
Law Office Haeon boasts numerous successful case outcomes, including:
• Multiple victories representing plaintiffs in adultery cases, securing the full amount of damages claimed (30 million KRW ≈ $21,400 USD).
• Multiple victories representing defendants in adultery cases, achieving dismissal of the plaintiff's entire damages claim (0 KRW = $0 USD).
• Representing an adultery defendant in an appeal after an initial ruling ordered full payment of 30 million KRW (≈ $21,400 USD) in damages, and successfully obtaining a dismissal (0 KRW = $0 USD) in the appellate court.
This is the result of Law Office Haeon focusing solely on family law litigation since its establishment in 2016.
Haeon approaches lawsuits understanding the psychological states and response strategies of both plaintiffs and defendants across the spectrum of adultery litigation, consistently deriving the most advantageous outcomes for its clients.
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