Adultery and Lawsuits Against a Paramour in Korea: What Foreigners Need to Know

Adultery remains a contentious legal and social issue in Korea, and the legal system allows the spouse of an adulterous partner to sue the third party involved (commonly referred to as third-party adultery damages claim, or lawsuits against a paramour).

While the criminalization of adultery ended in 2015, civil lawsuits for emotional and psychological damages remain common.

For foreigners in Korea, whether you’re the spouse seeking compensation or the accused paramour, understanding the process and potential outcomes of these lawsuits is crucial.

This guide explains what you need to know about third-party adultery damages claim and how legal representation can help.

1. What is a third-party adultery damages claim?

An third-party adultery damages claim is a civil lawsuit filed against the third party (paramour) involved in an extramarital affair.

It is based on the claim that the affair caused emotional distress and psychological damage to the spouse of the adulterous partner.

Key points about such lawsuits in Korea:

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Gender-Neutral

While "Third party in an affair” translates to “paramour (female),” lawsuits can also be filed against male third parties.

Compensation Only

These lawsuits are civil in nature and seek monetary compensation rather than criminal penalties.

Proof of Affair

The plaintiff must provide evidence of the extramarital relationship to succeed in court.

2. Legal Basis for Adultery Lawsuits

Korean law considers adultery a breach of marital obligations, and the Civil Act allows for compensation in cases where the extramarital affair causes significant emotional harm to the wronged spouse.

Grounds for a successful lawsuit include:

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Emotional Distress

The affair must have caused measurable harm to the plaintiff's emotional or mental well-being.

Evidence of the Affair

This can include photos, text messages, or witness testimony proving the relationship.

3. Steps in a third-party adultery damages claim

PROCESS

1 Step

Consultation with a Lawyer
Seek legal advice to evaluate the strength of your case or prepare your defense if accused.

2 Step

Evidence Collection
Plaintiffs must gather evidence to prove the affair occurred. For defendants, evidence disproving the claim or showing a lack of intent can strengthen your defense.

3 Step

Filing the Lawsuit
The lawsuit is filed with the family court, detailing the claim and compensation sought.

4 Step

Court Proceedings
Both parties present evidence and arguments in court.

5 Step

Judgment and Compensation
If the court finds the paramour liable, it will order monetary compensation for the plaintiff.

4. Challenges for Foreigners in Adultery Lawsuits

For foreigners involved in these cases, either as plaintiffs or defendants, unique challenges include:

RESPONSE

Language Barriers

Legal proceedings are conducted in Korean, requiring accurate translation of documents and arguments.

Cultural Differences

Understanding Korea’s societal views on marriage and adultery is crucial for navigating these cases.

Evidence Collection

Collecting evidence across borders or involving non-Korean parties can complicate the process.

Impact on Residency

Defendants found liable may face reputational damage or immigration consequences if the judgment leads to fines or public disputes.

5. Defending Against a third-party adultery damages claim

If you are accused of being a paramour, you can defend yourself by:

RESPONSE

Disproving the Relationship

Present evidence showing no romantic or sexual relationship existed.

Challenging the Evidence

Argue that the plaintiff’s evidence is insufficient or misinterpreted.

Proving Lack of Knowledge

Show that you were unaware the individual was married.

6. Compensation in Adultery Lawsuits

The compensation amount varies based on:

RESULT

Severity of Emotional Distress

Greater harm typically leads to higher compensation.

Duration and Nature of the Affair

Long-term or public affairs may result in higher compensation depending on the circumstances.

Conduct of the Defendant

Evidence of malicious intent or disregard for the plaintiff’s feelings may increase the amount of compensation.

Compensation can range from several million KRW to tens of millions, depending on the circumstances.

7. How Majung Law Firm Can Help

Majung Law Firm specializes in handling adultery-related lawsuits for both plaintiffs and defendants.

Our services include:

RESPONSE

Legal Consultation

Evaluate the strength of your case or defense.

Evidence Support

Assist in gathering and presenting necessary evidence.

Representation in Court

Advocate for your interests during hearings and negotiations.

Bilingual Assistance

Ensure clear communication throughout the legal process.

Final Thoughts

Adultery lawsuits can be emotionally and legally complex, especially for foreigners navigating Korea’s legal system.

Whether you’re seeking compensation for emotional harm or defending against a claim, having an experienced lawyer by your side ensures your rights are protected and your case is handled effectively.

If you’re involved in a third-party adultery damages claim, contact Majung Law Firm today for expert legal guidance.

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