Adultery has been abolished. Can I still claim consolation money through a civil lawsuit?

Even though adultery has been abolished, the responsibility for a spouse's infidelity does not disappear.

Adultery merely had its criminal punishment provisions abolished, and civil liability can still be sought for emotional damage caused by infidelity.

Particularly, under Article 750 of the Civil Act, in cases where harm is caused to others intentionally or by negligence, claims for damages due to tort are possible, so consolation money can be claimed against the spouse or the affair partner.

You can respond even without divorcing, and there are quite a few cases where, due to children or realistic circumstances, the marriage is maintained while consolation money is claimed only against the affair partner.

However, what is important is "evidence."

You need materials that anyone can see as showing infidelity.

KakaoTalk messages, text messages, photos, accommodation circumstances, etc., fall under this, and the result may differ depending on how much of this is secured.

The structure is that after organizing the evidence and submitting a complaint, the consolation money amount is determined through trial, and the amount is usually decided by comprehensively considering the period and degree of infidelity, marriage situation, etc.

Even in cases learned belatedly like now, claiming consolation money is fully possible, so please first check the status of evidence collection.