| Nationality |
Hong Kong |
| Case Overview |
The client, a Hong Kong national, married a Korean spouse. Due to the spouse's infidelity, the client pursued a divorce and alimony lawsuit against the spouse and the third party involved. |
| Special Circumstances |
The client experienced conflict due to the spouse's infidelity and needed to address child custody issues as they had a child together. |
| Case Handler |
Lead Attorney Yongjun Kim |
| Outcome |
Divorce finalized with a judgment awarding 20 million KRW in alimony. |
1. Client Situation and Facts
The client, a Hong Kong national, married a Korean spouse in 2018. Following their marriage, they experienced economic difficulties and conflicts arose due to the spouse’s infidelity. The client needed to address child custody issues and sought assistance from Ma-Jung Foreign Client Center due to language barriers. During the consultation, we advised the client to gather evidence of the spouse's infidelity. Subsequently, we proceeded with a divorce and alimony lawsuit against both the spouse and the third party involved.
2. Case Issues and Resolution Process
1) Case Issues
The main issue was to prove that the relationship between the client and the spouse had irreparably broken down due to the spouse’s infidelity, which was the primary cause of the marital breakdown. Although the spouse and the third party admitted to the affair, they attempted to shift the blame for the marital breakdown onto the client, making it essential to establish clear responsibility.
2) Resolution Process
(1) Explanation of Marital Breakdown
According to precedents, marital breakdown must involve a situation where the couple has been separated for a long period, indicating the absence of a shared life, and the relationship is beyond repair. The spouse claimed the relationship was already broken before the infidelity, but evidence, such as recordings, demonstrated that the breakdown resulted from the spouse's infidelity.
(2) Rebuttal of the Defendant’s Evidence
The spouse and the third party presented statements primarily from the spouse’s acquaintances, which were unfavorable to the foreign client. We countered by arguing that these statements were unreliable due to their biased nature.
(3) Pre-Infidelity Situations
The spouse alleged that the client failed to fulfill support obligations and neglected the family, making marital life unsustainable. However, we proved through the client's bank statements that the client had consistently provided living expenses, demonstrating efforts to maintain the family.
3. Case Outcome and Client Benefit
The court ruled in favor of the client,
finalizing the divorce and awarding 20 million KRW in alimony. During the lawsuit, the client agreed to designate the spouse as the custodian, considering the client's wish for the child to be raised in Korea. Child custody was granted to the spouse accordingly.
4. Significance of the Judgment (Explanation of the Disposition)
Foreign nationals pursuing lawsuits in Korea face significant challenges due to language barriers and cultural differences. Ma-Jung Foreign Client Center provides essential support, ensuring smooth proceedings despite these difficulties.
This case underscores the importance of early consultation and systematic preparation of evidence, demonstrating that foreign nationals can achieve favorable outcomes without communication barriers.
