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The crime of adultery has been abolished. So can I claim consolation money through a civil lawsuit?

Hello. Recently, I learned that my husband had an affair. At first, the shock was so great that I could not think of anything, but as time passed, I have continued to feel anger and a sense of injustice. In the past, I would at least have filed a complaint for the crime of adultery, but I am told that is no longer possible now. The problem is that, because I have a child, it is realistically difficult to choose divorce right away. Even in such a case, can I claim something like consolation money through a civil lawsuit?

Crime of adultery

Answer to Related Inquiry

Author: 김국일

Even though the crime of adultery has been abolished, the liability arising from a spouse's infidelity does not disappear as well.

The abolition of the crime of adultery is merely the abolition of the criminal punishment provision, and civil liability can still be pursued for the mental harm caused by the infidelity.

In particular, under Article 750 of the Civil Act, when a person causes harm to another intentionally or negligently, a claim for damages arising from a tort is possible, so you may claim consolation money against your spouse or the affair partner.

A response is possible even without divorcing, and there are not a few cases in which a person maintains the marriage due to issues concerning children or practical circumstances while claiming consolation money only against the affair partner.

However, what is important is "evidence."

There must be material that anyone would regard as showing that infidelity occurred.

Things such as KakaoTalk messages, text messages, photos, and lodging circumstances fall under this, and the outcome can vary depending on how much of this has been secured.

After organizing the evidence, once you file a complaint, the amount of consolation money is determined through trial, and the amount is usually decided by considering factors such as the duration and degree of the infidelity and the circumstances of the marriage.

Even in a case where you found out belatedly, as now, a claim for consolation money is entirely possible, so we recommend that you first check the status of your evidence.