South Korea Divorce: Cheating Husband Can't End Marriage With Wife He Left 15 Years Ago, Supreme Court Rules
"Divorce not allowed for cheating husband"
By Lee Kyung-min in the Korea Times, 9/15/15
The 7-to-6 decision implemented Korea's 1965 divorce law, which allows divorce on grounds of irreconcilable differences, irretrievable breakdown of a marriage, or others reasons that undermine a union, according to the Korea Times article. The law, as interpreted by the courts, does not allow a husband to file for a divorce on those grounds when the real reason for the breakdown is actually his adultery and desertion. He left his wife, with whom he had three children, in 2000 and began living with another woman, having one child with her.
The court was concerned that current law provides no way for the wife and children to get any support if a divorce is granted.
In most cases in South Korea, as in most divorces before U.S. states allowed unilateral divorce, the parties make a mutual agreement which gives both of them a livable financial arrangement and allows the divorce to happen regardless of fault.
"More than 77 percent of the couples here divorce after assuming some portion of blame, which is in effect no different from no-fault divorce recognized in other countries," the court's majority said.
The case has caused great controversy in Korea. Those wishing to allow unilateral no-fault divorce cite a "right to freedom of choice and to the pursuit of happiness" and say marriage is a private, personal relationship. Supporters of current divorce law cite the financial distress divorce imposes on women and children. They say changing the law would erode personal responsibility and mutual trust in society. They also say that under the country's civil law system, marriage is a legal contract requiring effort, good faith and contribution from both parties, just like other contracts.
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