Adultery Divorce Consolation Money | 30 Million Won in Adultery Divorce Consolation Money Obtained From the Adulterous Partner

An adultery consolation money lawsuit is a suit claiming compensation for emotional harm against a third party (the adulterous partner, female or male) when a spouse has committed misconduct with that third party and the marriage has been seriously damaged.

An adultery consolation money lawsuit generally proceeds based on Article 840 of the Civil Act, which relates to damages and the protection of marriage.

-Article 840 of the Civil Act (Grounds for Judicial Divorce)

1. If the spouse has committed an act of misconduct

2. If the spouse has maliciously deserted the other

3. If one has been extremely unfairly treated by the spouse or the spouse's lineal ascendants

4. If one's own lineal ascendants have been extremely unfairly treated by the spouse

5. If the spouse's life or death has been unknown for three years or more

6. If there is any other serious cause making it difficult to continue the marriage

If a third party's misconduct has damaged trust with the spouse and made it impossible to continue the marriage, the aggrieved spouse may prove this and demand compensation for the emotional suffering.

-Relevant Precedent

An act by which a third party commits misconduct with one of the spouses, infringing on or interfering with the maintenance of the marital community life that constitutes the essence of marriage and infringing on the rights of the other as a spouse, thus inflicting emotional suffering on that spouse, constitutes a tort in principle. (See Supreme Court Decision 2004Da1899, May 13, 2005; Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014, among others)

The adultery divorce attorney explained the course of events and argued the fact of the emotional harm the client had suffered.

The client and the defendant had been friends for 20 years.

The defendant had a friendship with the client deeper than anyone else, and they were like family.

Because of that closeness, the client's couple and the defendant spent time together at drinking gatherings and were very close.

Then one day the client learned that her husband's adultery partner was the defendant, and she was deeply shocked.

Due to the great shock, the client is suffering from panic disorder, anxiety disorder, sleep disorder, and others, and her distrust of people has grown considerably.

The adultery divorce attorney emphasized that, although the consolation money alone cannot heal the client's great shock and wounds, the consolation money claim is justified so that she may at least receive some compensation.

If one of the spouses commits an act of misconduct, it becomes a ground for judicial divorce under Article 840 of the Civil Act, and that spouse bears the tort obligation to pay damages for the emotional suffering the other spouse incurs as a result.

Meanwhile, a third party must also not intervene in another couple's marital community life and bring about its breakdown, interfering with the marital community life that constitutes the essence of that marriage.

If a third party commits misconduct with one of the spouses, this is an act that infringes on the spouse's rights and inflicts emotional suffering, and it constitutes a tort.

The attorney emphasized that the defendant had an obligation to pay damages for the emotional harm.