법률사무소 해온

1. Utilizing Internal Disciplinary Procedures

※ As internal regulations differ by company, the following information may not align with your company's specific policies.

⑴ Principle: Separation of Private Life and Work

There was a time when major corporations in Korea, such as Samsung and SK, would recommend internal disciplinary action or voluntary resignation upon discovering an employee's affair.

However, the recent trend in how the ethics management or audit departments of large companies handle romantic entanglements is that "a company cannot intervene in an employee's private life." 

The prevailing view is that since an office affair is fundamentally a private matter between individuals, a company generally does not exercise its right to take disciplinary action based solely on the fact that two employees are in an illicit relationship.

However, as detailed below, cases where an office affair directly causes losses to the company can be exceptional grounds for internal disciplinary action.

⑵ Cases Where Corporate Disciplinary Actions were Upheld by the Korean Courts

① Acts That Disrupt Corporate Order

This applies when an office affair extends beyond the two individuals and significantly harms the company's work atmosphere and order. For example:

 • Engaging in public displays of affection within the office, causing discomfort to other employees.

 • Causing project delays due to frequent arguments during work hours or refusal to cooperate on tasks because of the affair.

 • A superior using their affair with a subordinate to give unfair performance reviews or work directives.

② Damages to the Company's Social Reputation and Honor

Disciplinary actions are possible when an employee's affair becomes public and severely damages the company's external credibility or image. This standard is more likely to be applied to industries that rely on a high level of morality and trust, such as financial institutions, media companies, and educational organizations, or in the case of high-ranking executives who represent the company publicly.

In an actual court case, a managerial-level employee of a bank had an affair that was reported in the media and became an issue during a parliamentary audit, significantly damaging the bank's social reputation and honor. 

The court ruled that the dismissal (termination) based on these grounds was justifiable. As this case shows, a direct and substantial causal link between the affair and the damage to the company's reputation must be objectively proven.

③ Use of a Superior Power

※ Q&A: "Are there any legal issues with informing my spouse's company about their office affair?"

Answer: The act of informing is not illegal, but legal problems can arise depending on the 'method'. For instance, posting an exposé on a company's internal bulletin board visible to many, or on external social media, could constitute 'defamation by statement of facts' (사실 적시 명예훼손) and may lead to criminal punishment and civil liability for damages. This is because even if you state the truth, you can be punished if it tarnishes another's reputation.

Therefore, you must raise the issue confidentially with an authorized department, such as the HR team, based strictly on facts.

2. Claiming Damages for Emotional Distress from the Third Party

As it stands, the internal disciplinary procedures of private companies in Korea today are highly unlikely to work in favor of the victim unless the affair causes "direct damage to the company."

Ultimately, the most direct and effective way to respond to an office affair is to hold the third party legally responsible for their actions. A lawsuit for damages against the third party (상간자위자료청구소송) is an independent legal procedure that can be pursued regardless of whether you divorce your spouse; it is entirely possible to proceed without a divorce.

⑴ Legal Basis: Joint Tort Liability and Compensation for Emotional Distress

The legal basis for claiming damages from a third party is different from the past 'adultery law' (간통죄). With the Constitutional Court's decision of unconstitutionality in 2015, adultery was decriminalized in Korea. Currently, legal liability for the third party is based on the civil law theory of a 'tort' (불법행위).

⑵ Requirements for Winning a Lawsuit Against a Third Party

To win a lawsuit for damages against a third party, the plaintiff claiming damages, must clearly prove the following two key requirements in court.

① Existence of an Act of Infidelity

The concept of an 'act of infidelity' (부정행위) is much broader than the 'sexual intercourse' required under the old adultery law in Korea. It can include any act that fails to uphold the marital duty of fidelity. 

For example, messages exchanged between the two parties that contain affectionate expressions confirming their romantic relationship, meeting late at night alone, entering lodging establishments like motels together, or photos from dates or trips that appear to go beyond a typical colleague relationship can all serve as evidence of infidelity. 

The key is to show with objective evidence that their relationship was not merely a friendship between colleagues but an intimate relationship that betrayed the spouse's trust.

② The Third Party Knew the Person Was Married

If the third party was completely deceived by the spouse's lies—such as "I'm in the middle of a divorce," "We've been separated for a long time," or "I'm single"—and was genuinely unaware of their marital status, it may be difficult to hold them liable for a tort.

However, in the case of an office affair, proving this requirement can be relatively straightforward. It is common for colleagues to naturally become aware of each other's marital status while working in the same office and interacting daily.

 - Participation in company events like weddings or a child's first birthday party,

 - Family photos posted on the spouse's social media, or

 - Circumstances where marriage life was mentioned in casual conversations

can serve as important clues to prove the third party's 'intent' (고의) or 'negligence' (과실).

⑶ The Key to Victory: All About Evidence Collection

A lawsuit is ultimately a battle of evidence. Emotional appeals alone cannot persuade the court; the outcome of the lawsuit depends on how much objective and legally obtained evidence you can secure to support the two requirements.

To win the case, you must systematically collect legally sound evidence, such as the following:

 • Communication Records: KakaoTalk conversations, text messages, and emails obtained with your spouse's consent that contain affectionate expressions or plans for meetings.

 • Financial Records: Credit card statements used by the two (for hotels, restaurants, gift purchases, etc.), bank transfer records, etc.

 • Photos and Videos: Affectionate photos taken together, or vehicle black box or building CCTV footage showing them entering a lodging establishment like a motel together (can be obtained through an application for the preservation of evidence (증거보전신청) to the court).

 • Audio Recordings: Recordings of conversations or phone calls with your spouse or the third party in which you were a direct participant. For example, a recording where your spouse admits to the affair or the third party apologizes is very powerful evidence.

• Handwritten Affidavits or Statements: Documents written by your spouse or the third party admitting to the affair and asking for forgiveness.

※ Q&A: "I secretly recorded a conversation between my spouse and the third party. Can I use it as evidence?"

Answer:

Absolutely not.

As explained earlier, recording a conversation between other people without being a participant is a criminal act that violates the Communication Secrets Protection Act (통신비밀보호법) in Korea. 

Not only is such a recording unlikely to be admitted as evidence in a civil lawsuit, but you could also face criminal charges for it. It is a perilous act that could turn you, the victim, into a criminal, so you must not attempt it under any circumstances. The case can be sufficiently proven with legally obtained evidence, so it is essential to consult with a lawyer to secure evidence through safe methods.

⑷ Criteria for Determining the Amount of Damages: What Does the Court Consider?

The amount of damages awarded in a lawsuit against a third party is not fixed; the court decides it after comprehensively considering various circumstances. Typically, the amount is often decided between KRW 10,000,000 (approx. $730 USD) and KRW 30,000,000 (approx. $22,000 USD), though it can be higher depending on the case. The factors the court mainly considers when calculating damages are as follows:

 • Duration and Severity of the Infidelity: The amount of damages tends to be higher when the relationship was long-term and the level of intimacy, including sexual relations, was deep.

 • Impact of the Infidelity on the Marriage: If the affair ultimately led to the breakdown of the marriage and divorce, the damages awarded will be higher than in cases where it did not.

 • Degree of Emotional Distress Suffered by the Plaintiff (Victim): A medical diagnosis or counseling records for conditions like depression or insomnia can serve as objective proof of emotional distress and can be advantageous in increasing the damages.

 • Attitude of the Third Party: If, after the affair is discovered, the third party shows no genuine remorse or apology and instead mocks the victim or acts defiantly, the court may view this as an aggravating factor of the perpetrator's culpability and increase the damages.

 • Other Factors: The age, occupation, social status, and financial capacity of the parties are also taken into consideration.

※ Q&A: "Do I have to get a divorce to receive a large amount in damages? Which is more advantageous, a divorce lawsuit or a lawsuit against the third party?"

Answer: Not necessarily. As seen in the success story above, the court makes a comprehensive judgment based not only on whether a divorce occurred but also on the specific details of the infidelity, the perpetrator's attitude, and the degree of the victim's suffering. Of course, the outcome of divorce is the clearest evidence that the marital relationship has completely broken down, so it is indeed a favorable factor in calculating damages. However, even without a divorce, you can be awarded a sufficiently high amount of damages if you can prove corresponding emotional distress.

3. Divorce Proceedings Against the Spouse

When marital trust is destroyed by an office affair, a lawsuit against the third party alone may not be enough to resolve the situation.

In this case, you might consider proceeding with a divorce lawsuit and a third-party lawsuit simultaneously.

For detailed information on the overall procedures and key issues in divorce proceedings, you can refer to Haeon's guide (The Complete Guide to Divorce Litigation in Korea)

4. Law Office Haeon

Every case has its own unique characteristics. To minimize emotional and financial losses and to fully protect your rights, it is crucial to consult with a certified divorce attorney to establish an optimal, customized strategy for your situation before taking any rash actions.

Where lawyers entrust their own divorce cases.

Where opposing counsel refers their family members for adultery cases.

Where recommended by adversaries who have lost cases against it.

This is the story of Law Office Haeon.

However, Haeon does not rest on the recognition of these professionals and continues to strive forward. Our expertise is reaffirmed by the trust placed in its experience and results by professionals from various fields—including famous K-POP entertainers, national athletes, and broadcast journalists—who have chosen Haeon.

Schedule a Consultation with Law Office Haeon