1. Client’s Crisis

The client’s son was 7 years old at the time and was learning to skate. The person appointed as coach repeatedly assaulted the child under the guise of training. He grabbed the child’s head and shook it and hit the child’s face because he had fallen, and, saying the child was not concentrating, struck the child’s palm with the skate blade guard; such acts were repeated at least six times over about six months.

However, an even more shocking fact came to light during the process of uncovering the truth. This coach had been having an improper relationship with the client’s wife. The two continued their relationship while accompanying overseas competitions and training, and when the client was away from home, the coach even came into the house where the children were. The young children directly witnessed the coach sleeping in the same bed as their mother. Knowing about the coach’s abuse, the wife covered up for her affair partner by lying to the client, saying, “He just fell.”

Once the truth was revealed, the wife instead preemptively filed for divorce and demanded a large property division. The client had to simultaneously protect the child and hold the wife accountable for her infidelity and the coach accountable for abuse, all while dealing with three fronts at once.

2. Key Issues

This case involved three fronts.

First, in the divorce case, since the wife had filed first, we had to prove her infidelity so that she would be found at fault and the client would secure sole custody (the right to raise the child). Because the wife was aggressively seeking property division, we also had to achieve a result in the property settlement process that would not be unfavorable to the client.

Second, we had to bring about criminal punishment for the coach’s child abuse. Since the coach’s side was denying the allegations, saying, “The child just fell; I never assaulted him,” we had to prove that the assaults were repeated and habitual. We also had to pursue trespass charges for the coach’s act of entering the house with the children present while the client was away.

Third, separate from the criminal proceedings, a civil damages lawsuit was also necessary to impose monetary liability on the coach. We had to claim both compensation for the child’s emotional harm and compensation for the infringement of the client’s spousal rights.

3. Jonjae’s Strategy

Attorney Noh Jong-eon, the managing partner, devised a strategy to run the three fronts of divorce, criminal, and civil proceedings simultaneously while linking the evidence and judgments obtained in each procedure to proof in the others.

In the divorce case, we immediately filed a counterclaim to the wife’s initial lawsuit and brought her infidelity and the coach’s child abuse to the forefront. We systematically organized and submitted evidence such as the children’s witness statements, transcripts, and statements from other parents. In this process, the fact that the children left their mother’s home after leaving a note saying, “I’ll go to Dad,” and asked the client for protection was also used as key evidence of suitability as the custodial parent.

In the criminal complaint, we simultaneously alleged the coach’s child abuse (violation of the Child Welfare Act) and trespass. Although the coach denied it, saying it was “just a fall,” a conviction was obtained based on the child’s consistent statements and witness evidence. He was sentenced to 6 months in prison, suspended for 1 year, for child abuse and assault, and fined 3 million won for trespass.

The civil damages lawsuit was filed after the criminal conviction became final. A final criminal judgment provides strong grounds for proving unlawful conduct in civil court. Based on that judgment, Attorney Noh sought damages for the child’s child abuse injury and damages for the client’s infringement of spousal rights.

Law Firm Jonjae, centered on a managing partner who formerly served as a presiding judge of the Family Court, protects clients’ rights by organically connecting procedures in cases where divorce, criminal, and civil issues are intertwined. Just as evidence and judgments obtained in one procedure are linked as proof in another, managing the entire case within one strategy is Jonjae’s approach.

4. Results and Recovery

The results of about five years of legal battle were as follows.

In the divorce case, the wife gave up both parental authority and custody, and the client was designated as the sole holder of parental authority and the sole custodian. A mediation was reached under which the wife paid the client 280 million won in property division and 150 million won in child support was settled.

In the criminal proceedings, the coach was found guilty and sentenced to 6 months in prison, suspended for 1 year, for child abuse and assault, and fined 3 million won for trespass.

In the civil damages case, compensation totaling 32 million won was finalized: 15 million won in child abuse damages to the son, 15 million won in infidelity damages to the client, and 2 million won in damages to the parent victim of child abuse.

The person who hit the child was the wife’s affair partner, and the wife did not protect the child even though she knew that fact. In that tragic situation, the client protected the child and held the offender fully accountable both civilly and criminally.

If you are wondering how to respond in a similar situation, the outcome may vary depending on the specific facts of the case, so we recommend consulting a professional.

Attorney in Charge: Representative Attorney Noh Jong-eon
This case was a complex matter involving family, civil, and criminal issues at the same time. Attorney Noh Jong-eon of Law Firm Jonjae is strong in family disputes and has handled numerous family, civil, and criminal cases, achieving good results.

This case has been partially de-identified to protect confidentiality, within a range that does not compromise the essence of the case.