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

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* This post has been significantly condensed to protect the intellectual property rights of Hankyung. You can find the full version at the attached link.

Image Becomes an Asset — The Battle for the 'Victim' Title

In his column, Managing Attorney Noh Jong-eon analyzes why celebrity divorce lawsuits turn into exposés. In ordinary divorces, property division is the key issue, but for celebrities, the image they present to the public is a core asset far more important than physical property. Divorce itself may not be a flaw, but the stigma of being the spouse at fault for the breakdown of the marriage effectively means being pushed out of the entertainment industry. If they part quietly, speculation that "both sides must be at fault" follows, so divorce litigation ultimately turns into a war to prove "who is the perfect victim."

The Structure That Fault-Based Divorce Encourages Exposés

According to Managing Attorney Noh Jong-eon's column, there is also an institutional background. The United States adopts a breakdown-based approach that does not assign blame if a marital relationship has collapsed, making quiet breakups possible. By contrast, South Korea strictly follows a fault-based system that, in principle, restricts divorce claims by the party responsible for the breakdown of the marriage. Because you have to prove the other side's wrongdoing under a microscope to win compensation in court, the system structurally encourages exposé battles. Moreover, because the damages typically recognized by the court are only in the range of 30 million to 50 million won, the result is a shift toward opening a "trial by public opinion" with the public as the jury.

The Tipping Point of a 'Show-Window Marriage'

Managing Attorney Noh Jong-eon also points to gaslighting and the eruption of pent-up anger. Many celebrity couples are forced to maintain a "show-window marriage" because of public scrutiny or advertising contracts. When an abnormal relationship in which one side endures for years while the other strays passes its tipping point, rational judgment becomes clouded and it leads to destructive self-harm: "Even if I have to bear the damage, I will bring you down."

A Game with No Winner, and the Biggest Victims Are the Children

Managing Attorney Noh Jong-eon concludes the column like this. There is no winner at the end of a fierce exposé battle. The public is excited by the sensationalism, but soon grows weary and turns away. Even if one wins legally, the advertising revenue lost in the exposé battle and the damaged image remain as tens of billions of won in losses, making it a complete negative-sum game. Above all, the biggest victims are the children. The memories of the exposés and curses poured out by their parents are later etched into their children's hearts as deep trauma. The real wound in this war fought behind the glittering spotlight lingers the longest in the place where the cameras have been turned off.

"Household Law Unboxing" is regularly serialized in Hankyung Law & Biz Law Street by Hankyung Shinmun. Attorneys Yoon Ji-sang and Noh Jong-eon of Law Firm Jonjae take turns unpacking key issues in divorce and inheritance based on their practical experience.