How much compensation is awarded in affair cases?

Compensation for emotional distress (위자료) awarded by judgment in affair cases varies widely from case to case. If the relationship was short and less serious, it is set low; if the circumstances are serious, such as a long relationship or continuing to meet after being found out, it is set high. Because the amount is decided by the combination of circumstances listed below, it is hard to apply the figure from someone else's case directly to yours.

Writing KRW 100 million in the complaint does not raise the amount that much. The court sets the amount case by case, without a fixed table, by combining various circumstances. So it makes sense to look first at which circumstances are present in your case rather than at the number.

Most of the large amounts you see online come from cases with special circumstances or from amounts set by settlement. If you expect a figure without looking at what your case has in common with those cases and how it differs, you are likely to be disappointed even after winning a judgment.

When the following circumstances are shown by evidence, they work toward a higher amount.

• A long marriage with young children
• A relationship that lasted a long time or was repeated
• The affair partner knew of the marriage from the start
• The two kept meeting after being found out
• Mocking or insulting messages were sent to the plaintiff
• The marriage ultimately ended in separation or divorce

Conversely, the following circumstances are grounds for arguing for a reduction. As always, they must be shown with evidence, not just asserted.

The plaintiff's own conduct also affects the amount. If the plaintiff went to the affair partner and assaulted them or told their workplace, that may be considered, and it can also become a separate criminal matter.

• The relationship was short and mostly by messages
• The affair partner didn't know at first and ended it soon after finding out
• The couple's marriage had already been badly shaken before that
• The unfaithful spouse actively made the first approach
• The plaintiff has already received compensation from the spouse
• The affair partner sincerely apologized and ended the relationship during the lawsuit

If you claim only against the affair partner and stay married, courts often view the marriage as less harmed than where it ended in divorce and set a lower amount. On top of that, if the affair partner pays and then claims reimbursement (구상) from the unfaithful spouse, that money may ultimately come out of your household. This is why a plaintiff who stays married also obtains, in mediation, a condition that the right to reimbursement (구상권) will not be exercised.

Conversely, if you divorce during the lawsuit, that is taken into account and the amount may change, so inform the court promptly if circumstances change while the case is ongoing.

A larger claim means higher court stamp fees (인지대), and if only part is granted, the plaintiff may bear part of the litigation costs (Civil Procedure Act (민사소송법) Article 101). So it's better to claim an amount suited to the case, with grounds.

The judgment adds late-payment damages (지연손해금) to the compensation. From the day after the complaint is served on the other party, a statutory rate of 12% per year applies (Act on Special Cases Concerning Expedition of Legal Proceedings (소송촉진 등에 관한 특례법) Article 3 and its implementing rules). The longer the lawsuit goes on, the more the defendant owes, which can give the defendant's side a reason to push for mediation.

Compensation is money for emotional suffering, so evidence showing how severe that suffering was helps. If you saw a doctor for insomnia or depression after learning of the affair, the medical records can be used, and written statements from family or friends describing the changes they saw can also be taken into account.

However, medical records do not raise the amount by a set figure. The court looks first at the nature and duration of the infidelity, and treats such material as supporting that judgment. Rather than visiting a hospital just to create records, it's better to keep an honest record of what you actually went through.

The unfaithful spouse and the affair partner are jointly liable to the plaintiff. So if you received compensation from your spouse in the divorce, that amount may be taken into account in the lawsuit against the affair partner, reducing what the affair partner must pay. However, receiving compensation from your spouse does not by itself eliminate the affair partner's liability.

If the money from your spouse was for reasons other than the affair, such as verbal abuse or refusal to care for the children, it's good to make that clear. How the grounds for compensation are written in the divorce mediation record or agreement will matter later.