Korean Law Demystified!

Recent Divorce Cases 2

These are actually two remarriage-related cases from last month.

The Seoul High Court ordered a divorcee to pay 5 mil won (as damages for psychological pain & suffering) to her ex-husband’s new wife. The divorcee had harassed her ex-husband via email and text messages. (She threatened him and badmouthed his new wife.) The court reasoned, even though the emails/messages were sent directly/only to the ex-husband, they (negatively) affected both him and his now-wife. (Link)

The Seoul Northern District Court ordered a woman to pay 20 mil won (as damages for psychological pain & suffering) to her deceased husband’s children from a previous marriage. Why? Because the woman had cremated his body w/o conferring (with them). The court reasoned that it was the eldest of the children who had the right to decide how his/her father’s remains were to be treated upon death. The children argued that their father had asked to be buried, not cremated. (Link)

And below are some interesting cases from March of last year.

[Seoul Central District Court] A newly-wed man sued the studio which he’d hired to take pictures for/during his wedding. Why? Because the bride and her father were photographed with their eyes (wide) shut! The court ordered the studio to return KRW 400,000 (out of 650,000) + pay 1 mil won as damages for psychological pain & suffering. (Link)

[Supreme Court of Korea] The Court ruled that if a married couple is unable to have children due to the husband’s abnormal sex chromosomes, that still isn’t a cause for an annulment. (It could be for a divorce.) The Court reversed and remanded the appellate court decision which had ruled that it was. The Court explained that such circumstances do not constitute: “When at the time of marriage one of the parties was unaware that the other party had been suffering from a malignant disease or had any other serious reason which would make marital life unable to continue” under Article 816.2 of the Korean Civil Act. (LinkFYI: An annulment is when the marriage is cancelled (i.e., never took place). So, no need to worry about “who gets what” problems.

[Daegu District Court] A single woman who was caught having a shower (naked) with a married man in his home was found guilty of the crime of “Intrusion upon Habitation” (i.e., a crime akin to burglary). The wife caught them having a shower together. Originally, the wife wanted to have them punished for adultery, but adultery was soon ruled unconstitutional + she did not have enough evidence anyway. The husband had allowed the woman to enter the home, but the wife clearly wouldn’t have. In such case, the entrant can/will be punished for “Intrusion upon Habitation.” The woman was fined 1 mil won. (Link)

Thanks for reading!

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