Key Points
- A third party who has an unchaste relationship with one spouse and thereby harms the couple's shared life or makes it hard to maintain is, as a rule, liable for damages (Supreme Court en banc Decision 2011Meu2997, decided November 20, 2014; Articles 750 and 751 of the Civil Act).
- However, the same judgment holds that liability is hard to establish for a sexual relationship that began after the marriage had already broken down beyond repair.
- The spouse and the affair partner bear an obligation akin to joint and several liability (bujinjeong yeondae chaemu), so money the spouse paid on divorce is considered in setting the affair partner's damages (Supreme Court Decision 2023Meu12782, decided June 27, 2024).
- A claim tied to divorce is a Class C case in the family court, while a claim targeting only acts of infidelity during the marriage is handled as an ordinary civil case (Supreme Court Decision 2025Meu10716, decided January 29, 2026).
- The limitation period is three years from learning of the wrongdoer and the damage and ten years from the conduct; for a claim tied to divorce, it is three years from dissolution of the marriage (Article 766 of the Civil Act; Decision 2025Meu10716).
Why an affair partner becomes liable for damages
The Civil Act imposes on spouses duties of cohabitation, support and cooperation (Article 826(1)), and these duties are interpreted to include the duty of fidelity. The Supreme Court held that third parties who are not part of the marriage also have a duty not to destroy another couple's married life. So a person who has an affair with one spouse, infringing the rights the other spouse is entitled to and causing emotional injury, is liable for damages unless there are special circumstances (en banc Decision 2011Meu2997). The basis for damages is Article 750 of the Civil Act, and emotional harm is compensated under Article 751.
| Requirement | Meaning | Materials used |
|---|---|---|
| Unchaste act | Not only sexual intercourse but any relationship contrary to the spouses' duty of fidelity | Exchanged messages and SNS records, photos taken together, lodging and travel records, card usage records |
| Harm to married life | That the marriage was actually ongoing when the unchaste act occurred | Living together, records of family events and trips, records of shared living expenses |
| Knowledge of the marriage | That the defendant knew, or with a little care could have known, that the plaintiff's spouse was married | Conversations mentioning the marriage, how they met at the same workplace or group, contact that continued even after a protest |
| Emotional harm | The extent of the plaintiff's suffering | Psychiatric treatment records, psychological counseling records |
How the lawsuit proceeds
- Organize by dateWrite down in chronological order the date you learned of the affair, roughly when the relationship began, and when and how the defendant learned of the marriage. This is used both in limitation disputes and in disputes over whether the marriage had broken down.
- Check that the evidence is lawfulCheck whether the materials you have were obtained lawfully. Secretly recording a conversation between other people in which you did not take part violates the Protection of Communications Secrets Act (Articles 3(1) and 14(1)). Lawful limits of evidence collection
- Decide the form of the claimChoose whether to include it in the divorce suit against your spouse or to sue the affair partner alone as a separate defendant. If you do not know the other person's address, use a court fact inquiry.
- File the complaint and prepare for rebuttalsDefendants often argue that they did not know the person was married or that the couple's relationship was already over. Prepare in advance the materials that will defeat such arguments.
- Judgment or settlementMany cases end without a judgment, by settlement or mediation setting an amount and a promise of no contact. If the penalty for breach is set excessively high, the court may reduce it.
Differences depending on whether you divorce
You do not have to divorce to hold an affair partner liable. The Supreme Court divided claims against affair partners into two types (Decision 2025Meu10716), and which type applies is determined by looking at what the plaintiff wants, whether the couple still lives together, whether a divorce suit has been filed, and how the case has developed.
| Item | Alimony based on divorce | Damages for individual acts of infidelity |
|---|---|---|
| When used | When the marriage collapsed because of the affair and you divorce | When you stay in the marriage or claim separately from a divorce |
| Venue and procedure | Heard in the family court, with mediation first | Ordinary civil case |
| Joinder | Can be claimed together with the divorce suit against the spouse | Can be filed against the affair partner alone |
| Start of limitation period | Three years from dissolution of the marriage | Three years from learning of the wrongdoer and the damage, ten years from the conduct |
The divorce filing deadline and the affair partner's limitation period are separate
The period for seeking divorce on the ground of the spouse's infidelity (six months from learning of it and two years from when it occurred, Article 841 of the Civil Act) and the limitation period for claiming damages from the affair partner are different matters. Even if the divorce filing deadline has passed, the limitation period for damages against the affair partner may still remain. Conversely, if you know of the affair but stay in the marriage for three years, a claim based solely on that affair may be time-barred.
Frequently Asked Questions
Can I sue only the affair partner without divorcing my spouse?
Can I make a claim even without evidence of sexual intercourse?
My spouse is siding with the affair partner and trying to stop me from suing.
Can I tell the affair partner's employer or post the facts on SNS?
Related DAEON Case Results
Adultery Suit: Affair with a Coworker
In this matter, the plaintiff's spouse maintained a private intimate r…
View case →Full WinAdultery Lawsuit Filed Against the Third Party
The plaintiff's spouse had been in a romantic relationship with the th…
View case →Related Guides
Defending an Affair Lawsuit
A complaint seeking damages from an affair partner usually…
Read more →Case TypeDivorce Alimony (Compensation for Non-Economic Damages)
Alimony (wijaryo, compensation for non-economic damages for emotional harm) is…
Read more →Case TypeJudicial Divorce (Divorce Lawsuit)
Even if your spouse never agrees to divorce, the marriage…
Read more →Procedure GuideLawful Limits of Evidence in Divorce & Affair Cases
To have an affair or verbal abuse recognized in court, you…
Read more →Procedure GuideDeadlines for Divorce & Inheritance Claims
In family legal matters, the hardest mistake to undo is mi…
Read more →Procedure GuideDivorce Process Overview (Agreement, Mediation, Lawsuit)
Divorce in Korea takes one of three forms: divorce by agre…
Read more →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.
Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026
Call
KakaoTalk
E-mail