Certified Letters & Settlement Agreements

A certified letter (내용증명) is mail for which the post office certifies what document was sent, when and to whom. It does not by itself oblige the other person to reply or pay, but it formally puts on record that you know about the infidelity (부정행위) and intend to pursue legal liability. It is not unusual for the other person, now taking the prospect of a lawsuit seriously, to get in touch about a settlement.

The certified letter states that a marriage exists, the infidelity you have confirmed, your demands and a deadline for a reply. You don't need to reveal all your evidence. If you describe the types of evidence in detail, the other side can prepare its counterarguments in advance.

Avoid sending a certified letter to the person's workplace or parents' home, or including wording such as "If you don't comply, I will tell your company." Even if what you write is true, defamation (명예훼손) can become an issue once several people learn of it, and threatening to tell while demanding money can escalate into accusations of threats (협박) or extortion (공갈).

Insults or exaggerated wording will also be submitted by the other side as evidence in a lawsuit. Some affair partners who receive a certified letter say they will end the relationship and then delete their chats, so secure the evidence you need before sending.

If the agreement simply says no objections of any kind will be raised in future, a court may read it as a promise covering conduct up to the date the agreement was signed. That means meeting again after the settlement can be pursued separately as new infidelity. So write down the date up to which conduct is being settled, and make clear how conduct after that date will be handled.

A no-contact clause must specify the methods of contact that are prohibited. If the two work at the same place and cannot avoid seeing each other for work, set that exception in advance as well. If the scope is vague, you will end up arguing again over whether something is a breach.

In a clause stating that a certain sum will be paid if the promise is broken, if that sum is simply called a breach payment (위약금), the law presumes it to be liquidated damages (손해배상액의 예정). The court can reduce liquidated damages if they are unreasonably excessive. To make it a sanction for the breach itself, the wording must make clear that it is a penalty for breach (위약벌).

It is realistic to set the amount within what the other person can actually afford. An excessively large amount makes a settlement itself harder and can also give grounds to dispute its validity later.

A settlement agreement signed only between the parties cannot be enforced directly, so if the money doesn't arrive, you have to go through a lawsuit or a payment order again. If there are installment or breach-payment clauses, consider making it a notarial deed (공정증서) with consent to compulsory execution or, if a lawsuit is pending, recording it in a court mediation record (조정조서).

Compared with a judgment, a settlement takes less time and can include terms that a judgment cannot set, such as no further contact, confidentiality and a waiver of reimbursement (구상권). On the other hand, not having a written judgment on record can be a drawback, so decide first what matters more to you and then choose the direction.