[Chatting] "I'm asking for a pension because I don't have enough charges after I left."

□ Broadcast date and time: November 13, 2024 (Wednesday)
□ Host: Attorney Jo In-seop
□ Cast: Attorney Park Kyung-nae

* 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): It's the season when blue crabs and prawns are delicious. Every food is in season. Even if you rush in a hurry, you can taste it properly only at the right time. Wouldn't people be similar? The season of life, which has a taste in life, will definitely come. Let's wait together until then. Lawyer Cho In-seop's Counseling Office will open now.

◇ Jo In-seop: Lawhouse for You, JoJoSmall with Lawyer Park Kyung-nae. Hello?

◆ Lawyer Park Kyung-nae (hereinafter referred to as Park Kyung-nae): Hello, I'm lawyer Park Kyung-nae from Shinsegae Law Firm.

◇ Jo In-seop: Now... What's the story of today's worries?

□ Reporter: I passed the civil service exam in my early 20s and met my wife and married her when I was over 30 years old during my long career in civil service. Since they are both old, they rushed to plan their children and have lived with one child. My wife worked for a large company, then when she married me, she quit her job and came down to the countryside. Watching the middle school children growing up, I thought we could spend our old age relying on each other, but my wife had an affair. I was so excited to find out about the affair that I did a hand slap once, and my wife left the house that way. It was a real mistake and I regret it, but my wife sued me and our relationship became irreversible. The only property I have is the civil service pension I have paid for my entire life, and the land I inherited from my ancestors as a descendant. However, my wife gave up all her work in the city and came down to the countryside, so she told me to pay half my civil servants pension and land. Although in my name, this land is not my land, it is our land, so how can I protect it? My wife has been a stay-at-home mom, so she doesn't have any income at the moment. I started a store before running away from home and borrowed it from me to buy a car. Not only that, but I also have a significant loan under my wife's name. I know that my parents are in a difficult situation, so I want to raise my children. Will it be possible?

◇ Cho In-seop: Looking at the story of "Attorney Cho In-seop's Counseling Center",... I think you're at fault, too.

◆ Park Kyung-nae :

◇ Cho In-seop: But... I don't know how it'll be interpreted when you file for divorce. I think we should consider it, but if you know the facts about your spouse, will you be a liable spouse?

◆ Park Kyung-nae: My wife had an affair, so she is a liable spouse with a reason for liability under Article 840 No. 1 of the Civil Code, and you said that she knew about her affair and cut her hand. Legally speaking, it could be assault. My wife is wrong to have an affair, but that does not mean that she is not allowed to assault the other person, so you may be found guilty of the reason for the liability under Article 840 No. 3 of the Civil Code. If so, as both parties have reasons to blame, there is room for their marriage to be objectively broken, and there is a possibility that their wife's divorce claim may be cited. However, in the divorce proceedings, who is responsible for the breakdown of the marriage, and from your situation, it seems that your wife left the house immediately after the affair was discovered, and it is highly likely that you left the house and demanded a divorce even if you did not scratch your hand. If you were a minor level of assault and did not hurt or cause much pain to the other person, the other person may be more at fault than you are in a divorce suit, and you may claim divorce and alimony from your spouse. Regardless of whether you have a spouse with fault, you are currently raising your child after the child is a middle school student and your spouse has run away from home. If your child's doctor wants to live with you, you will have no difficulty raising your child. Please actively insist on the fact that there is no assistance in parenting due to the economic situation of the spouse and the financial difficulties of the family.

◇ Cho In-seop: Should I give half of the civil servants pension that you paid before marriage?

◆ Park Kyung-nae: Due to the revision of the Civil Service Pension Act, the method of dividing the civil service pension after divorce is stipulated by the law. If the marriage period is more than five years, the spouse's pension can be divided, and this is called the split pension right. This marriage period refers to the actual marriage period, excluding the period in which the marriage is not actually carried out due to separation, etc. Since you said your child is a middle school student, the spouse is entitled to a split pension for five years of marriage, but only half of the pension amount equivalent to the marriage period is possible, not the entire pension period. Your spouse claims to split half of the amount you receive at a time, but this is not, in principle, a pension division under the Public Officials Pension Act. However, the pension division ratio in case of trial divorce may be set differently from the legal ratio. If you don't want your spouse to receive the civil service pension after divorce, you can include the lump sum in the property division target and share it, and make the other party's split pension ratio 0%.

◇ Jo In-seop: Is the land that you inherited also included in the property division?

◆ Park Kyung-nae: In principle, inherited land is unique property, but our court says that even in the case of unique property, if it can be recognized for its contribution to maintenance, formation, and prevention of reduction, it can be used as property subject to division. Since the marriage period between the two seems to be more than 10 years, and the property of the spouse and the sender is already mixed and difficult to separate, even if the inherited land is a unique property, it is highly likely to be included as a property subject to division. However, even if it is the subject of property division, it is not ruled that the land itself should be divided and owned unconditionally, so if you are judged by dividing the land by money instead of land, you do not need to divide the land itself in kind to the other party. It is recommended that you be recognized for your high contribution as much as possible by actively explaining that you owe considerable debt to your spouse, that you supported your family by earning a single income, and that you have no other property other than inherited land and pensions.

◇ Jo In-seop: Even if the inherited land is used as a mountain, is it subject to property division?

◆ Park Kyung-nae: Now, to summarize the contents of the consultation so far... The wife's affair and the writer's hand-wringing have reasons for liability on both sides, but if it was a minor assault, the wife's fault could be greater in a divorce lawsuit. If the marriage period is more than five years, the spouse can receive a split of the civil service deposit in case of divorce, and only half of the pension amount equivalent to the actual marriage period is possible. In addition, if you want, you can include a lump sum payment for the civil service pension in the property division and set the wife's split pension benefit ratio to 0%. In principle, the inherited land is a unique property, but if the marriage period is more than 10 years and the contribution is recognized, it can be included as a property subject to division. So far, I've been with lawyer Park Kyung-nae.

◆ Park Kyung-nae: Thank you.

◇ Cho In-seop: You can listen to <Attorney Cho In-seop's Counseling Office> again on YouTube. If you have any questions or suggestions, please comment.