[Smiling] Husband, who disappeared after a fake divorce, "shakes" his heart at the alumni approaching at the right time... "I'll punish you."

□ Broadcast date and time: December 18, 2024 (Wednesday)
□ Host: Attorney Jo In-seop
□ Cast: Attorney Son Eun-chae

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◆ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): Lawhouse for you, Son Eun-chae is with you. Hello.

◇ Lawyer Son Eun-chae (hereinafter referred to as Son Eun-chae): Hello, I'm lawyer Son Eun-chae from Shinsegae Law Firm.

◆ Jo In-seop: Let's first talk about what kind of concerns you have if you come to the counseling center today.

■ Reporter: My husband and I met at the student council when we were in college. My husband was the president of the student council and I was an executive. My husband was famous for his reticence and charismatic personality when he was in school. In fact, I even got married on that point. My husband often said that men should do something big, but women should not stop him. I kept silent because he understood it as a saying not to disturb his work. However, since the fifth year of marriage, my husband has been staying out more often. Then one day, debtors came to the house and made a mess. I was anxious because I couldn't reach my husband no matter how much I called him. A month later, my husband came home around midnight without contacting me. When I asked all about it, he said he borrowed some money, but the situation was not good, so he asked me to divorce him first because it could be difficult in the future. At first, I said no, but I had no choice but to obey my husband when he told me to get back together as soon as things got better. In the first few months since my divorce, I have occasionally talked to my husband on the phone. However, after a couple of months, he said it would be difficult to contact him for the time being, but the news was cut off. A year has passed like that. I moved to another neighborhood because my lease contract was over. I met a college colleague who worked with me at the student council there. While consulting with him about my concerns, we got closer and we started having a serious meeting. Then one day, I got a text message from my husband. My husband told me how I could meet a college friend when we didn't break up, and notified me to solve it according to the law. My husband says he'll get me back and punish him, what should I do? I'm so scared.

◆ Cho In-seop: Lawyer Cho In-seop's Counseling Center This was the story of a married couple who got divorced. Looking at the story, I think you got divorced the most because of debt. In fact, some couples divorce only on paper because of money, right?

◇ Son Eun-chae: Yes, there are often.

◆ Cho In-seop: I think your husband is now trying to prepare a lawsuit, so what specifically is he trying to prepare?

◇ Son Eun-chae: It seems that they are trying to file a lawsuit for the annulment of divorce and a claim for compensation for damages.

◆ Cho In-seop: Yes, a lawsuit for the annulment of divorce. I understand that the civil law has regulations on the cancellation of divorce, but there are no more regulations on the annulment of divorce, is it possible to file a lawsuit for the annulment of divorce?

◇ Son Eun-chae: Yes, it's possible. Although there are no provisions in the Civil Act regarding the nullification of divorce, it is believed that if there is a flaw in the requirements for divorce establishment, of course, it can be argued for nullification. Therefore, Article 2, Paragraph 1 of the Domestic Litigation Act stipulates a lawsuit for invalidation of divorce as a temporary domestic lawsuit, and the trial actually proceeds.

◆ [Jo In-seop] Yes, so in what cases does the divorce become invalid?

◇ Son Eun-chae: There are a few reasons, but basically, if there is no agreement of divorce, divorce is considered invalid. But it depends on how this divorce intention is interpreted. Regarding the intention to divorce, one thing is to see the actual intention to live separately as a divorce intention. The other is to report a divorce, and anyway, to remove the appearance of being married, the formal intention to report a consultation divorce is viewed as a divorce intention. In fact, I don't intend to live separately, but if I reported a divorce with mutual consent, it could be considered the most divorce.

◆ Cho In-seop: Yes, so when it's the most important divorce, will that divorce be nullified? How can I see it in your case?

◇ Son Eun-chae: In fact, it's very hard to figure out exactly what the couple's actual intentions were. Perhaps that's why most of them believe that if they report a divorce together after the mid-1970s, they have agreed to divorce. In other words, even if it is a masquerade divorce, the intention to divorce refers to the intention to resolve the legal marital relationship, so divorce is valid as long as the agreement between the parties to temporarily resolve the legal marital relationship is reported. The same is true even if the divorce has a different purpose, such as the story, to avoid debtors. First of all, divorce is accepted. From the husband's point of view, it may be a little unfair. I didn't actually mean to divorce, but I filed for divorce to prevent my wife from being bullied by debtors, but I can't say that divorce is invalid.

◆ Cho In-seop: Yes, so now in your case, your husband's claim for invalidity of divorce is very likely to be rejected. Then, wouldn't it be difficult for your husband to claim so-called mutual compensation against his college friend? However, if there are special circumstances to make your divorce null and void, should your colleagues pay alimony in that case?

◇ Son Eun-chae: If a claim for invalidity of divorce is cited, this ruling is also in effect for a third party. Therefore, because no one can claim that the divorce is valid, and it was ineffective in the first place, you have a legal spouse when you meet a college colleague. In our law, if you meet someone who has a legal spouse, you can be a cheat, that is, a consort. However, in order to be liable for damages in mutual damages, it is a very important requirement to know that the other party is a married woman. In other words, was there any intention of illegal activities? In the case of the sender, it was a neat single on paper. And originally, I was not able to move from home and communicate with my husband. From a college friend's point of view, it is reasonable to say that no matter how much you knew each other, it was difficult to know that you and your husband were the most divorced and that the divorce was invalid.

◇ Son Eun-chae: Yes, considering this situation, if there are circumstances in which the divorce between you and your husband is considered invalid, so even if the divorce is actually invalid, the alimony will be dismissed because the college friend did not know that the illegal act was intentional, that is, a married woman.

◆ Cho In-seop: Yes, so to summarize the contents of the consultation so far, it seems that your husband is preparing a lawsuit for the annulment of divorce and a claim for damages against his collegiate colleagues. There is no provision for invalidation of divorce under our civil law, but if there is a flaw in the requirements for divorce establishment, a lawsuit for invalidation of divorce is possible. The nullification of divorce is established when there is no agreement of divorce intention. At this time, it is important to determine whether the intention to divorce is real or formal. However, it is a precedent that even if it is the most common divorce, if the divorce report itself is made, it is considered that the divorce intention is agreed and the divorce is considered valid. And even if the divorce is recognized as invalid as my husband claims, the alimony claim is likely to be dismissed because it is seen that the college classmate did not intend to commit illegal activities. So far, Sohn Eun-chae of Shinsegae Law Firm has been with lawyer.

◇ Son Eun-chae: Thank you.

◆ Cho In-seop: You can listen to Cho In-seop's counseling center again on YouTube and on the website. If you have any questions or suggestions, please leave a message on the consultation board on the website. You can contact Shinsegae-ro, a law firm, separately.