| Nationality |
Hong Kong |
| Case Overview |
This case involves a client of Hong Kong nationality who filed a compensation lawsuit against the mistress, seeking damages for emotional distress caused by her spouse’s infidelity, which led to the breakdown of their marriage. |
| Special Circumstances |
We communicated remotely throughout the entire process with the client residing overseas and proceeded with a claim for damages against the mistress. |
| Case Handler |
Yong-Jun Kim |
| Outcome |
Divorce finalized and judgment rendered for payment of 30 million KRW in damages. |
1. Client Situation and Facts
The client, a foreign national from Hong Kong, married a Korean spouse in 2011 and settled in Korea, where they built a family and had one child. While the spouse was the sole breadwinner after marriage, the client devoted herself to raising their child and managing the household, maintaining a stable family life.
However, over time, the client began to suspect her spouse of infidelity due to repeated overnight absences and increasingly inexplicable behavior. After closely monitoring the spouse’s activities, the client discovered in 2023 evidence indicating that the spouse had been engaged in a long-term affair with another woman. Her suspicions were confirmed through various pieces of evidence.
As a result, the client suffered severe emotional distress, to the extent that she was diagnosed with depression, and concluded that it was no longer possible to maintain the marital relationship.
Accordingly, the client returned to her home country with her child and sought legal assistance from Majung, a law firm specializing in international divorce, to pursue a claim for damages against the mistress, who was responsible for the breakdown of the marriage. Despite residing overseas, the client was able to work closely with Majung through remote communication, allowing the case to be handled smoothly and effectively.
2. Case Issues and Resolution Process
Majung Law Firm focused on resolving this case by addressing the following three key issues:
- Proving the improper relationship between the spouse and the mistress
- Establishing the facts surrounding the breakdown of the marital relationship
- Clarifying the mistress’s liability and the legitimacy of the claim for damages
Given the clear legal issues and the complexity of the situation, we at Majung approached the case strategically from the outset, focusing on assembling critical evidence and proving responsibility.
1) Proving the improper relationship between the spouse and the mistress
Majung asserted that the spouse and the mistress had engaged in an ongoing improper relationship. The firm gathered multiple pieces of circumstantial evidence showing that the two had met repeatedly during certain periods, and that their interactions went beyond a mere acquaintance. Based on consistent patterns in the timing, locations, and behaviors documented in the submitted materials, Majung emphasized that this sustained relationship was a major factor contributing to the breakdown of the client’s marriage.
2) Establishing that the marital relationship had effectively broken down
After discovering the affair, the client returned to her home country with the child, and since then, the couple had effectively lived separately without any real contact. The client received no financial support and had to singlehandedly care for the child while rebuilding her life. Majung presented to the court that the prolonged lack of interaction and support between the spouses clearly indicated that the marriage had irreparably collapsed.
3) Clarifying the mistress’s responsibility and justifying the damages claim
The client reported experiencing severe emotional distress due to the repeated infidelity involving her spouse and the mistress. She was also left solely responsible for raising the child. Majung highlighted to the court that the mistress bore significant responsibility for the collapse of the marriage. By outlining the sequence of events, the mistress’s level of involvement, and the harm suffered by the client, Majung argued that the defendant was legally liable for damages.
Majung Law Firm meticulously organized facts and evidence for each issue, clearly establishing the mistress’s legal responsibility.
3. Case Outcome
Following Majung’s consistent arguments and proactive advocacy, the court acknowledged that the mistress’s repeated acts of infidelity were the primary cause of the breakdown of the marriage.
As a result, the court ordered the defendant to pay 30 million KRW in damages, allowing the client to obtain meaningful compensation.
The full acceptance of the client’s claim for 30 million KRW in damages is an exceptional outcome, made possible by Majung’s professional support in convincingly proving the client’s suffering with objective evidence.
4. Significance of the Judgement
This case is a notable example where the cause of the marital breakdown was clearly outlined, and the mistress’s legal liability was recognized based on consistent circumstances and supporting evidence.
From the early stages of the case, the client sought legal consultation and coordinated the response strategy accordingly. She systematically prepared the necessary materials, which were effectively presented during the trial process.
Despite facing multiple challenges—including a language barrier, her status as a foreign national, living overseas, and having sole responsibility for childcare—the client was able to clearly establish the cause of the breakdown in the marriage and hold the mistress accountable, ultimately receiving legal protection.
It was a case that would have been difficult to handle alone, but with the assistance of a skilled legal representative, the core issues were accurately identified and successfully proven, leading to a meaningful and favorable outcome.
