Blog, Divorce

Civil Law, Article 840 (Causes for Judicial Divorce)

 

Either husband or wife may apply to the Family Court for a divorce in Korea in each case of the following subparagraphs:

1. 1. 1. If the other spouse has committed an act of unchastity
      2. If one spouse has been maliciously deserted by the other spouse
      3. If one spouse has been extremely maltreated by the other spouse or his or her lineal ascendants
      4. If one spouse’s lineal ascendant has been extremely maltreated by the other spouse
      5. If the death or life of the other spouse has been unknown for three years
      6. If there exists any other serious cause for making it difficult to continue the marriage.

The sixth and last ground for divorce in Korea is, to be simple, “anything else which doesn’t fall under subparagraph 1 to 5.”

5th Cause for Divorce in Korea

When your spouse didn’t commit adultery (= subparagraph 1), didn’t abandon you (= subparagraph 2), didn’t mistreated you (= subparagraph 3), didn’t mistreat your parents or grandparents (= subparagraph 4), didn’t disappear for three years (= subparagraph 5), BUT still did something which made you want to get divorce, then subparagraph 6 would be your choice. You can claim divorce by saying that there’s a “serious cause for making it difficult to continue the marriage.”

1. Overview

Naturally, this is a very subjective issue. The Supreme Court interpreted that “serious cause for making it difficult to continue the marriage” is “the relationship between spouses is irreparably broken, and forcing the continuation of the marriage would cause unbearable pain for the spouse.” (2005Me1689 delivered on December 23, 2005)

2. What are Other Serious Causes?

According to the Supreme Court, these are recognized as “serious cause for making it difficult to continue the marriage.”

• Incurable mental illness. It can be ground for divorce when their condition is so serious that it cannot be just nursed with care and affection, and their prognosis is not predictable. It requires constant physical, mental, and financial sacrifice of the family, not knowing when it will end. (91Me446 delivered on January 15, 1991)
• Excessive devotion to religion. Despite the freedom of faith, it can be ground for divorce if the spouse neglects their household and children while focusing only on their religious live. (96Me851 delivered on November 15, 1996)
• Gambling addiction. In this case, the wife spent 20 days a month outside the house gambling and got into debt from it. Even after making a promise that she would never gamble again, twice, she continued gambling while neglecting her household and children. (91Me559 delivered on November 26, 1991)
• Impotence. The husband hid his impotence and got married, then refused to have sex with his wife for six months. (65Me65 delivered on January 31, 1966)
• Staying in prison for a serious crime. The husband went to prison for rape and robbery. The wife wanted divorce because her husband can’t take care of the family because he has been staying in prison for years, and the court granted her wish. (74Me1 delivered on October 22, 1974)

3. What are NOT Other Serious Causes?

According to the Supreme Court, these are NOT “serious cause for making it difficult to continue the marriage.”

• Curable mental illness. In the case where the wife came down with a depression, but she has been treated by doctor and has no difficulty in living her daily life, the court didn’t allow the husband to divorce her. (95Me861 delivered on December 22, 1995)
• Infertility. The wife had to undergo surgery to treat her uterine myoma, which made her unable to get pregnant. The husband decided to divorce her because he was the only son and it was very important for him to produce an heir for his family, but the court didn’t recognize this as a ground for divorce. (89Me365 delivered on February 26, 1991)