| Nationality |
China |
| Case Overview |
The client pursued a divorce lawsuit due to her Korean husband’s infidelity, which made it impossible to continue the marriage. |
| Special Circumstances |
The client is a Chinese national. |
| Case Handler |
Lead Attorney Yongjun Kim |
| Outcome |
Divorce granted and 30 million KRW compensation awarded. |
1. Client Situation and Facts
The client, W, a Chinese national, met her Korean husband, N, in 2015 while working in Korea. They began dating and officially registered their marriage in 2019. After the marriage, W obtained an F-6 (marriage immigrant) visa. Although W intended to live with N in Korea, the COVID-19 pandemic forced her to return to China for work. Despite the distance, W and N maintained regular communication, and W noticed no irregularities. In 2022, W returned to Korea immediately after renewing her passport to reunite with N.
Shortly after her arrival in Korea, W discovered letters between N and another woman, women’s cosmetics, various adult products, and photos of N with another woman on his phone. Feeling deeply betrayed, W hastily returned to China, deciding to file for divorce and seek compensation for the emotional distress caused by N’s infidelity.
2. Case Issues and Resolution Process
1) Establishing Fault in the Breakdown of the Marriage
Ma-Jung emphasized that the marriage breakdown was entirely N’s fault. According to Civil Act Article 840, grounds for judicial divorce include 'an act of unchastity by the spouse' and 'other serious reasons making it difficult to continue the marriage.' Ma-Jung argued that N's infidelity constituted a serious reason, leading to the marriage breakdown and justifying W’s claim for divorce and compensation for emotional distress.
2) Gathering Evidence of Infidelity
The core of the case was proving that the marriage breakdown was due to N's infidelity. Ma-Jung collected and presented evidence, including text messages and photos exchanged between N and the other woman, to substantiate the claim. This evidence demonstrated N’s unfaithfulness and the resulting emotional harm to W, supporting her claim for compensation.
3. Case Outcome and Client Benefit
Thanks to Ma-Jung’s efforts, the court ruled in favor of W,
granting the divorce and awarding her 30 million KRW in compensation from N.
4. Significance of the Judgment (Explanation of the Disposition)
Divorce cases involving foreign nationals differ significantly from those between domestic parties, requiring careful consideration of eligibility under Korean civil law. Additionally, issues related to visa changes post-divorce are common challenges.
Foreign nationals considering divorce should consult legal experts who can provide comprehensive guidance on divorce proceedings and visa-related matters. Ma-Jung’s expertise in handling such cases ensures that clients receive the necessary support throughout the process.
Foreigners facing divorce need specialized assistance to navigate differences in legal and immigration issues effectively. Consulting with a 'foreign divorce specialist attorney' can ensure that all aspects, including marriage visas and residency status, are adequately addressed.
