CONTENTS
- 1. Rescission of Engagement | Grounds and Methods
- - Valid Grounds for Rescission of Engagement
- - Methods of Rescission of Engagement
- 2. Rescission of Engagement | How to Respond to a Wrongful Rescission of Engagement
- - Determining Whether Valid Grounds for Rescission Exist
- - Reviewing Whether a Claim for Damages Is Possible
- 3. Rescission of Engagement | Return of Engagement Gifts
- - The Legal Nature of Engagement Gifts
- - Criteria for Determining Whether to Return
- 4. Rescission of Engagement | Practical Response Strategy and Checklist
- - Divorce Attorney Support System
1. Rescission of Engagement | Grounds and Methods
Rescission of engagement is a procedure accompanied by legal disputes such as damages and the return of engagement gifts.
Here, an engagement is a promise of marriage that is established by the mutual agreement of the parties to marry in the future, and as such it is a special contract that has certain legal effects under the Civil Act (Article 800 of the Civil Act).
Unlike a simple promise of a relationship, this has legal effect, and if it is rescinded without justifiable grounds, liability for damages may arise.
To determine whether the current situation amounts to an engagement, it is advisable to examine whether the following requirements have been met.
Requirements for an engagement
∙ Satisfaction of the legal requirements that make marriage possible (such as being of age)
∙ Substantial circumstances that can be recognized as an engagement under generally accepted social norms
Valid Grounds for Rescission of Engagement
An engagement may be terminated for justifiable cause in the following cases (Article 804 of the Civil Act).
∙ Where a person has been subject to a judgment of adult guardianship or limited guardianship
∙ Where a person has an incurable illness such as a venereal disease or a mental illness
∙ Where a person has married or become engaged to another
∙ Where a person has had sexual intercourse with another
∙ Where a person's life or death has been unknown for one year or more
∙ Where a person refuses or delays the marriage without justifiable reason
∙ Where there is any other serious cause
Methods of Rescission of Engagement
Dissolution of an engagement is possible by a unilateral declaration of intent to the other party (Civil Act Article 805).
If the other party is unreachable, the engagement is deemed to have been dissolved at the time of becoming aware of the occurrence of the ground for dissolution.
2. Rescission of Engagement | How to Respond to a Wrongful Rescission of Engagement
In a rescission of engagement, where it is rescinded unilaterally without justifiable grounds, where it has been rescinded unilaterally without justifiable grounds, the other party may claim damages.
In particular, if a person is unilaterally subjected to a broken engagement when wedding preparations are considerably advanced, serious mental and economic harm may arise, so legal protection is needed.
Determining Whether Valid Grounds for Rescission Exist
As examined earlier, Article 804 of the Civil Act enumerates justifiable grounds for cancellation of an engagement.
In addition, other grounds are limited to ‘serious grounds.’
In other words, a mere change of feelings or parental objection is generally not recognized as a justifiable ground.
Situations that may be assessed as unjustifiable cancellation
∙ Where the engagement is cancelled solely because of the other party's parents' objection
∙ Where one cuts off contact without prior explanation while wedding preparations are substantially underway
∙ Where one cancels without justifiable reason after substantial preparations such as wedding goods and a wedding hall contract have been completed
However, where there are serious grounds as follows, they may be recognized as justifiable grounds for cancellation.
∙ Concealment of serious personal information, such as the fact of a prior divorce, the existence of children, a criminal record, or multiple debts
∙ Social misconduct such as gambling and drugs
∙ A fraudulent approach using marriage as a lure
Reviewing Whether a Claim for Damages Is Possible
Under Article 806 of the Civil Act, a person who improperly rescinds an engagement bears liability to the other party for both pecuniary and emotional damage.
Requirements for a Claim for Damages
∙ The party who rescinded it must be at fault
∙ There must be a causal relationship between the occurrence of the damage and the rescission
Examples of Materials Needed for Proof
∙ Airline tickets and records of wedding-related expenditures
∙ Records of the rescission notice, such as text messages and KakaoTalk
∙ Written statements from people around you
∙ Counseling materials and records to prove the emotional distress
Factors Considered in Calculating the Amount of Damage
∙ The circumstances of the broken engagement and the grounds for fault
∙ The degree of emotional distress
3. Rescission of Engagement | Return of Engagement Gifts
Upon dissolution of an engagement, whether betrothal gifts must be returned can also be an issue.
The Legal Nature of Engagement Gifts
Engagement gifts are generally given and received on the premise that the marriage will actually take place, so if the marriage does not take place, an obligation to return them arises.
This has a nature similar to a gift under the Civil Act.
Supreme Court Decision 96Da5506, decided May 14, 1996
Accordingly, if the marriage is not formed, their return may be claimed.
However, it is the established position of the precedents that a party responsible for the dissolution of the engagement cannot claim the return of the gifts that party gave.
Supreme Court Decision 76Meu41, decided December 28, 1976
Criteria for Determining Whether to Return
Situation | Whether return is possible |
Engagement broken off due to the other party's fault | The betrothal gifts I gave may be returned |
Engagement broken off due to my fault | I must return the betrothal gifts to the other party, and the gifts I gave cannot be claimed |
Neither party at fault (mutual rescission, etc.) | Each party returns the betrothal gifts received |
4. Rescission of Engagement | Practical Response Strategy and Checklist
A dispute arising from the rescission of an engagement is not merely a matter of emotions, but may develop into a procedure that determines legal liability.
Accordingly, the following points should be prepared for in practical terms before and after the rescission.
Points to Check Before Rescission
∙ Do legitimate grounds for rescission exist?
∙ Was the notice of rescission given in a manner that can be kept as evidence (text message, writing, and the like)?
∙ If harm was suffered, has the evidence of it (contract, expenditure records, and the like) been secured?
∙ Are there sufficient legal grounds for the return of betrothal gifts or a claim for damages?
Practical Strategy for Responding to Disputes
Issue | Response Strategy |
Claim for Damages | Securing materials that prove the cause of rescission is attributable to the other party (text messages, recordings, expenditure receipts, and the like) |
Return of Betrothal Gifts | Organizing the timing of the exchange of betrothal gifts, the circumstances of the rescission, the question of fault, and the like, and preparing supporting evidence |
Rescission by Agreement | A written agreement is recommended in order to settle the liabilities for return and compensation |
Divorce Attorney Support System
Daeryun Law Firm has specialized attorneys who hold extensive experience and practical strategies regarding damages, the return of gifts, and conciliation procedures related to engagement dissolution disputes.
It provides comprehensive support, including the determination of grounds for engagement dissolution, claims for consolation money, and responses to the opposing party's demand for the return of gifts, as well as preparation of conciliation procedures and the formulation of litigation strategies based on precedents.
In addition, to help obtain just compensation for the monetary harm and mental suffering arising on the premise of marriage, it has established a comprehensive response system through a network linking divorce and family law attorneys and evidence investigation experts.
If you are in a situation requiring legal assistance, please feel free to request a legal consultation related to divorce at any time.
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