If your spouse had an affair, you may be wondering: How much compensation can I receive in an adultery lawsuit in Korea? In Korean law, this type of claim is commonly called an adultery lawsuit against a third party (상간소송), where the innocent spouse seeks damages from the person who had an affair with their spouse.
This SEO-optimized guide explains the typical compensation amount, the factors Korean courts consider, and how to maximize your chances of receiving fair damages.
What Is an Adultery Lawsuit in Korea?
An adultery lawsuit is a civil claim filed against the third party who engaged in an affair with a married person. The purpose is not to punish adultery as a crime, but to compensate the innocent spouse for emotional distress and damage to the marital relationship.
To succeed, the plaintiff generally must prove that:
- A marital relationship existed.
- The defendant knew, or should have known, that the other person was married.
- The defendant engaged in an inappropriate relationship with the married person.
- The affair caused emotional distress or damage to the marriage.
Typical Compensation Amount in Korea
In most Korean adultery lawsuits, courts commonly award between KRW 5 million and KRW 30 million in damages.
| Situation | Typical Compensation |
|---|---|
| Short-term affair with limited evidence | KRW 5 million – 10 million |
| Ongoing affair with clear evidence | KRW 10 million – 20 million |
| Long-term affair causing serious marital damage | KRW 20 million – 30 million+ |
The exact amount varies widely depending on the facts of each case. Some cases may result in lower or higher compensation, but KRW 10 million to 20 million is often considered a common range in practice.
Factors That Affect the Compensation Amount
Korean courts do not use a fixed formula. Instead, they consider several factors when deciding how much to award.
Duration of the Affair
A long-term affair is generally viewed more seriously than a brief or isolated incident. The longer the relationship lasted, the more likely the court may award higher damages.
Knowledge of the Marriage
If the third party clearly knew that the person was married, this can increase the defendant’s responsibility. Evidence such as messages, social media posts, or witness testimony may be important.
Impact on the Marriage
The court may consider whether the affair led to:
- Divorce or separation
- Serious marital conflict
- Emotional distress
- Damage to family relationships
Conduct During the Lawsuit
A defendant who admits wrongdoing and attempts to settle may sometimes receive a more favorable outcome than one who denies obvious evidence or acts maliciously.
What Evidence Is Needed?
Strong evidence is crucial in an adultery lawsuit. Common evidence includes:
- Text messages or chat records
- Photographs or videos
- Hotel or travel records
- Social media posts
- Witness statements
- Admissions by the spouse or third party
However, evidence must be collected legally. Illegal recordings, unauthorized access to private accounts, or invasion of privacy can create separate legal problems.
Can You Sue If You Are Already Divorced?
Yes. In many cases, you can still file an adultery lawsuit after divorce, provided the claim is filed within the legal time limit.
Under Korean law, the statute of limitations is generally three years from the date you became aware of the affair and the identity of the third party, and no later than ten years from the date of the wrongful act.
Can Foreigners File an Adultery Lawsuit in Korea?
Yes. Foreign nationals married to Korean spouses may be able to file an adultery lawsuit in Korea if the Korean court has jurisdiction over the case.
International cases can be more complex because they may involve:
- Different nationalities
- Overseas evidence
- Translation of documents
- International service of legal papers
How to Maximize Your Compensation
To increase the likelihood of receiving fair compensation, consider the following:
- Preserve all relevant evidence before confronting the other party.
- Avoid deleting messages or records.
- Do not obtain evidence through illegal means.
- Consult a Korean family lawyer before filing the lawsuit.
- Consider settlement negotiations if appropriate.
Need Legal Advice About an Adultery Lawsuit in Korea?
If you are considering an adultery lawsuit in Korea, an experienced Korean family lawyer can help you evaluate your case, gather admissible evidence, and pursue the maximum compensation available under Korean law.
Contact an English-speaking Korean lawyer today to discuss your adultery lawsuit, compensation claim, and legal options in Korea.
Ethan Taemoon Uhm is an attorney at Law Firm Reon in Seoul, Korea.
English speaking Korean lawyer for foreigners.
Tel: +82-10-2983-2981
Email: tmuhm@reonlaw.co.kr
Homepage: USFK Lawyer
whatsapp: http://wa.me/821029832981
Leave a Reply