Managing Attorney Noh Jong-eon  |  Hankyung Law & Biz Law Street Column

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Nine years since the abolition of adultery as a crime, the reality of alimony

In 2015, after the Constitutional Court ruled the adultery offense unconstitutional, under current law the only legal remedy available to victims of infidelity is a civil claim for alimony. However, the reality of alimony recognized by the courts is not easy.

According to Managing Attorney Noh Jong-eon's column, if there is no divorce, the amount is only 20 million to 30 million won, and even in cases that lead to divorce, it remains at 30 million to 50 million won. The 2 billion won in alimony that Noh So-young, head of the Art Center Nabi, was awarded in the first instance against the paramour is a highly unusual case, and in reality, if the wrongful conduct is judged to have been brief and minor, amounts under 10 million won are sometimes recognized. The biggest problem is that this level has remained almost unchanged from 20 years ago.

The pitfall of alimony — double pain created by contribution claims

Another key issue pointed out in the column is the right of contribution. Since infidelity is an act committed by both parties, in principle alimony is jointly borne by the paramour and the spouse who committed adultery. Even if 30 million won in alimony is recognized against the paramour, it is common for the paramour to seek contribution from the adulterous spouse for half that amount, or 15 million won.

This structure inflicts double pain on the injured spouse. Not only is the already woefully insufficient alimony cut in half, but the injured spouse who wanted to forgive the unfaithful spouse and keep the family together may ultimately choose divorce because of the mental shock experienced during the contribution claim process. Managing Attorney Noh Jong-eon says, "What I deeply realize after meeting many victims is the reality that overcoming the harm ultimately has no choice but to become the victim's own burden."

Signs of change in the courts, and what we hope for

Fortunately, there are also signs of change. Since September 2023, a 'Damages Lawsuit Community' has been launched within the courts. This is the result of growing awareness within the judiciary that current damages litigation practice is far removed from reality.

Managing Attorney Noh Jong-eon concludes the column as follows. Alimony must go beyond simple compensation and carry the meaning of consolation for the victim and sanctions against the wrongdoer. It must reflect not only inflation, but also changing social values. Ultimately, overcoming the harm can only be the individual's burden, but the state at least has a duty to present legal outcomes that victims can accept.

The "Family Law Unboxing" series is regularly serialized in Hankyung Law & Biz Law Street of The Korea Economic Daily. Attorneys Yun Ji-sang and Noh Jong-eon of Law Firm Jonjae take turns unpacking key issues in divorce and inheritance based on practical experience.

Watch the video on Law Firm Jonjae's YouTube 'Family Law Unboxing' channel