Incheon Adulterous-Partner Lawsuit Attorney | With Counsel's Assistance, the Defense Against a Damages Lawsuit Against the Adulterous Partner Succeeded

The plaintiff in this case was the wife of A, a fellow teacher who worked with the client.

The plaintiff claimed that the client had an affair with her husband. According to the plaintiff, the husband and the client commuted to work together in the same car and exchanged messages and calls several times through KakaoTalk and the telephone.

The plaintiff eventually went so far as to threaten the client.

When the client visited A's home for a work meeting, the plaintiff brought along a large adult man and stormed the scene, pressuring the client and coercing her into admitting the affair.

The plaintiff threatened that she would never let the client leave unless she admitted to having an emotional affair.

Even though the two had never met before this single encounter, the client felt great fear toward the plaintiff, who knew every piece of information about her.

In the end, the client falsely admitted to an emotional affair in order to escape the situation.

The plaintiff then filed a damages lawsuit against the client, and the client, asserting her innocence, came to an Incheon adultery (female partner) attorney.

“A third party must not interfere with another couple's marital life so as to bring about the breakdown of that marital life or otherwise disrupt the marital life that constitutes the essence of marriage. As a general rule, an act in which a third party commits an improper act with one spouse, thereby infringing upon or disrupting the maintenance of the marital life that constitutes the essence of marriage, infringing upon the other spouse's rights as a spouse, and causing mental suffering to that spouse, constitutes a tort.” (See Supreme Court en banc Judgment of November 20, 2014, Case No. 2011Meu2997, among others)

“Here, an improper act is a broader concept that includes adultery, and it also encompasses any improper act that fails to remain faithful to the spousal duty of fidelity even where it does not amount to adultery, and whether an act is improper must be assessed in light of its degree and circumstances according to each specific case.” (See Supreme Court Judgment of November 28, 2013, Case No. 2010Meu4095, among others)

The plaintiff claimed that the client and A had commuted to work together in A's car on multiple occasions.

This was not true, however. The two had commuted together only once.

Even that single time was at A's request. At the time, A explained that it was difficult to drive because of the snow that had fallen the previous day and asked the client for a ride, and the client simply agreed.

Apart from this, the two never commuted together, and the plaintiff failed to submit any evidence to prove the related claim.

In filing the lawsuit, the plaintiff claimed that the client and A were in frequent contact day and night.

This claim, however, showed no understanding of the nature of the relationship between the two.

The two were teachers at the same school, and at the time the serious situation of COVID-19 also coincided, so they had to share the relevant developments and discuss countermeasures every day.

The plaintiff also claimed that the client had given A a rice cooker and an electric blanket and spent a long time with him, but this too was not true.

After hearing that A had divorced his wife and was now living alone, the client, out of sympathy, simply handed over a mini rice cooker and an electric blanket that she did not usually use and then returned straight home.

It was difficult to find that the two were in an improper relationship merely because they exchanged messages and the client gave him household items.

The plaintiff stormed the scene where the client and A had met for a work meeting.

At the time, the plaintiff came together with a large man, and the two blocked the client and threatened her loudly.

They listed in detail private information that the client had never disclosed and coerced her into admitting an emotional affair.

The client was overcome with extreme fear, and in order to escape the scene, she had no choice but to admit it.

It is not possible to treat a statement made under such coercive circumstances as a basis for an improper relationship.

In February 2015, the Constitutional Court decided to abolish the crime of adultery under Article 241 of the Criminal Act, and

it held that “the duty of fidelity between spouses and the protection of a spouse can be achieved more effectively through civil remedies, such as a claim for judicial divorce or a claim for damages.”

As the Constitutional Court held, a party may file a damages lawsuit to hold liable the person who broke up the family through an affair.

A person may be in the position of the “plaintiff” bringing the lawsuit, but conversely, a person may also receive a complaint as the female or male affair partner.

If you find yourself in the position of the defendant, you may consult an attorney for professional legal advice.

As with the client in the case above, if there was no improper act, it should be rebutted, and even where an improper act did occur, the outcome of the lawsuit can vary greatly depending on how one responds.

The Incheon adultery (female partner) attorney is with Daeryun Law Firm, where a team of attorneys with extensive experience in related cases works together to assist clients.

If you become involved in an adultery-related lawsuit, you may contact Daeryun Law Firm, where the Incheon adultery (female partner) attorney practices, to request a consultation.