Third-Party Adultery Damages in a De Facto Marriage in Korea

Case Overview

A client who had lived with a partner for years in a de facto marriage — sharing a household and raising children without formally registering the marriage — sought consolation money from the third party who had an affair with that partner. The court held that the unregistered de facto relationship was protected and awarded the client consolation money, rejecting the third party's argument that the relationship had already ended. Taeshin Law Firm then pursued enforcement so that the award was actually recovered.

Background

The client had lived with a partner without completing a marriage registration, an arrangement Korean family law recognizes as a de facto marriage. After the partner became involved with another person, the partner left the home and the couple's shared life came to an end. The client retained Taeshin Law Firm and brought a claim against the third party for consolation money — the damages Korean courts award for the emotional harm caused when a third party interferes with a couple's relationship.

Key Family Law Issues

The first question was whether a de facto marriage that was never formally registered is entitled to the same protection as a registered marriage. Korean case law holds that a third party who has an affair with a married person and harms the couple's shared life is liable for the emotional distress caused to the other spouse. The court therefore had to decide two things: whether the client's relationship qualified for that protection despite the absence of a registration, and whether the third party knew that the client's partner was already in a de facto relationship.

Challenges

The third party resisted the claim in full and argued that the relationship was "already broken" by the time of the affair, so the client was entitled to nothing. Had that defense succeeded, the claim could have failed entirely. The third party also declined court mediation and forced the matter to proceed through litigation.

Taeshin's Approach

Taeshin Law Firm gathered and submitted evidence showing that the de facto relationship had remained intact, and documented how the affair unfolded. The team pursued the case through litigation even after the third party refused mediation. After judgment, Taeshin also took on the enforcement stage, applying for a seizure and collection order against the third party's assets so that the amount awarded would actually be paid.

Outcome

The court found that the third party had engaged in the affair while knowing that the client's partner was in a de facto marriage, and that this conduct caused the de facto relationship to break down. It rejected the "already broken" defense for lack of supporting evidence. The court ordered the third party to pay 7 million won in consolation money together with delay interest, and granted provisional execution so the amount could be pursued without waiting for an appeal. The remaining portion of the claim was not accepted, and each party bore its own litigation costs. Taeshin subsequently obtained a debt seizure and collection order to enforce the judgment.

What This Case Shows

An unregistered de facto marriage is not a legal gray area in Korea: it is a protected relationship, and a third party who knowingly interferes with it can be held liable for consolation money. The "already broken" defense is commonly raised in these cases but fails where the evidence shows the relationship was intact and the affair caused its breakdown. Finally, a favorable judgment is only part of the outcome — enforcement measures such as debt seizure and collection are often what convert a paper award into money actually recovered.

Related Practice Areas

Divorce & Family Law Family Lawyer in Korea

Facing a Similar Situation?

Adultery claims and consolation money disputes depend heavily on the evidence of the relationship and the specific facts of each matter. For a confidential consultation regarding a family law issue in Korea, contact Taeshin Law Firm.

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Recovering Adultery Damages From a Third Party in an Unregistered De Facto Marriage