Can You Sue Your Spouse’s Affair Partner in Korea? Understanding Alienation of Affection Claims

Introduction

Many foreigners living in Korea are surprised to learn that, although adultery is no longer a criminal offense, a spouse may still pursue a civil claim against the person who engaged in an extramarital relationship with their husband or wife.

In Korean law, the spouse who suffers emotional harm due to an affair may seek monetary compensation (damages) from the affair partner. This type of claim is commonly referred to as an "alienation of affection" lawsuit, although Korean courts generally treat it as a claim for damages arising from an unlawful act that infringes upon the marital relationship.

This article explains the basic requirements and important issues involved in such claims.

1. Is Adultery Illegal in Korea?

Since 2015, adultery has no longer been a criminal offense in Korea.

However, the abolition of criminal punishment did not eliminate civil liability. Korean courts continue to recognize that a third party who knowingly engages in a relationship with a married person may be liable for the emotional harm caused to the innocent spouse.

As a result, a spouse may file a civil lawsuit seeking monetary damages from the affair partner.

2. When Can an Affair Partner Be Held Liable?

To succeed in a claim against an affair partner, the plaintiff generally must prove:

• A Valid Marriage Existed: The plaintiff and the unfaithful spouse must have been legally married at the time of the affair.

• The Affair Partner Knew About the Marriage: The affair partner must have known, or reasonably should have known, that the other person was married. If the affair partner genuinely did not know that the person was married, liability may not be established.

• The Affair Interfered with the Marital Relationship: The plaintiff must demonstrate that the affair caused emotional distress and interfered with the marital relationship. Actual divorce is not required; a claim may still be possible even if the spouses remain married.

Note on Exceptions: Under Korean Supreme Court precedents, if the marriage was already irretrievably broken (e.g., the couple was already living separately for a long period or undergoing divorce proceedings) before the affair began, the court may deny the claim as no protected marital relationship existed.

3. What Evidence Is Commonly Used?

Evidence may include:

• Text messages and instant messenger chats (WhatsApp, KakaoTalk, etc.)

• Social media conversations and posts

• Photographs and videos

• Hotel or travel records

• Admissions or apologies by either party (audio recordings or written statements)

• Witness statements

• Financial transaction records

Direct evidence of sexual relations is not always necessary. Korean courts often consider the overall circumstances to determine whether an inappropriate and unconventional relationship existed.

4. How Much Compensation Can Be Awarded?

There is no fixed amount. The amount awarded depends on various factors, including:

• Length of the marriage and presence of children

• Duration and frequency of the affair

• Degree of emotional harm suffered by the innocent spouse

• Whether the affair directly contributed to a divorce

• The conduct and attitude of the affair partner

In many cases, damages awarded by Korean courts range from several million won to tens of millions of won, depending on the severity of the case.

5. Can a Claim Be Filed After Divorce?

Yes. Even after a divorce, the innocent spouse may still pursue a claim against the affair partner.

However, strict statutes of limitations apply under Korean civil law. You must file the lawsuit within:

1. 3 years from the date you became aware of both the affair and the identity of the affair partner.

2. 10 years from the date the unlawful act (the affair) actually occurred.

Delaying legal action beyond these periods will result in the claim becoming time-barred. For this reason, it is advisable to seek legal advice as soon as possible after discovering the affair.

6. Can Foreigners File These Lawsuits?

Absolutely. Foreign nationals legally married in Korea, or those whose cases fall under Korean jurisdiction according to private international law, may generally bring the same claims available to Korean citizens. Many international families residing in Korea have successfully pursued claims involving marital misconduct and related damages.

Conclusion

Although adultery is no longer a crime in Korea, it can still result in significant civil liability. If an affair partner knowingly interferes with a marital relationship, the innocent spouse has the right to seek monetary compensation through the Korean courts.

Each case depends heavily on the available evidence and the specific facts involved. Early legal consultation can help preserve evidence and evaluate the strength of a potential claim.

Contact for Consultation

If you need legal assistance regarding adultery-related claims or family law matters in Korea:

• 📞 Direct Line to Attorney: 010-2314-9122

• 💬 WhatsApp: +82-10-2314-9122

• 🟡 KakaoTalk Channel Chat: http://pf.kakao.com/_xjtixhX/chat

Consultation available in English. Please briefly describe your situation when contacting.