Even if the affair is true, alimony is a big deal... What are the response plans after the abolition of adultery?

[Star Daily News = Reporter Hwang Gyu-jun] With the abolition of the crime of adultery, criminal punishment has become impossible if one of the couples commits unfaithfulness. Instead, it is possible to file a civil claim for damages for mental suffering. A lawsuit claiming alimony for incest can be filed even if the couple is not divorced.

Typically, more than 30 million won is claimed as alimony in lawsuits filed between a man and a woman who incest, but it is rare for the full amount to be cited. Even if an affair is acknowledged, it is common for the amount to be reduced by half depending on the nature of the explanation.

However, if the causal relationship between the misconduct and the breakdown of the marriage is clearly proven, the full amount claimed may be cited. Recently, a precedent was issued in the Chuncheon District Court in which the entire amount claimed was cited. The Chuncheon District Court accepted all of Plaintiff A's claims to pay 30 million won and court costs in a lawsuit seeking compensation filed against Defendant B, who had been having an affair with the Plaintiff's spouse.

The full story is as follows. After hearing about the affair between her husband and Person B from an acquaintance, Person A interrogated her husband and Person B. The two then angrily denied the affair, telling Mr. A not to frame them, but they continued to meet without Mr. A's knowledge. Mr. A decided to file an adultery lawsuit after learning that the two people who criticized him were actually having an affair.

As a result of Mr. A actively explaining that Mr. B's actions were the reason for the breakdown of Mr. A's marital relationship, the court ruled that "Mr. B clearly violated Mr. A's rights as a spouse, and therefore has an obligation to compensate the plaintiff for the mental damage suffered as a result," and cited the full amount of alimony requested by Mr. A.

The most important issue in a lawsuit is objective verification of the claimed facts. A plaintiff filing a lawsuit must prove whether he or she continued to date the defendant, the other party, even after knowing that he or she was a married woman or a married man. In this case, if illegal methods are used, the plaintiff may be subject to criminal punishment for violation of the Communications Secrets Protection Act or defamation.

Daeryun Law Firm (Limited) said, “We requested 30 million won in consideration of the fact that the only compensation for mental damage suffered by the plaintiff due to the abolition of the adultery law was the amount,” and “We cooperated in securing and analyzing evidence and uncovered the causal relationship by actively arguing based on specific materials such as text messages, conversation transcripts, and black box videos.”

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