– Husband and husband who belittled the story and his wife’s family online If you do not agree to the divorce, you are highly likely to claim that your actions are not ‘extremely unfair treatment’ to the extent that
they fall under the grounds for divorce under Article 840, Subparagraphs 3 and 4 of the Civil Act. Therefore, if you continue to live in your parents’ house and maintain a separate life, you can take the lawsuit
in your favor while claiming the grounds for divorce stipulated in Article 840, Item 6 of the Civil Act. You must be able to identify the storyteller and the storyteller’s parents mentioned in the post.
* The text below may differ from the actual content of the broadcast, so please check the broadcast for more accurate information.
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◇ Attorney In-seop Cho (hereinafter referred to as In-seop Cho): “My husband and I are a couple of the same age who met for the first time in a dance club and have been married for two years. We do not have children yet. My husband and I have very different family backgrounds. As soon as I graduated from high school, I went to college. My parents lived a simple life farming in the countryside after graduating from middle school. On the other hand, my husband and the adults in my in-laws both graduated from college and are economically more prosperous than my parents. We The newlyweds’ house was also prepared by supporting the deposit of 200 million won from the in-laws, and the parents-in-law gave 7 million won as a deposit to the parents-in-law. But not too long ago, while using my husband’s computer, I accidentally found a post he posted on an anonymous bulletin board on an Internet community site, and I almost fainted when I saw the contents. ” “Every time I go to my wife’s house, my stomach hurts.” “When I go near my father-in-law and mother-in-law, I feel like vomiting because of the smell of fertilizer. “The level difference from our house is too small, but we are living together as if we are taking care of poor people.” I’ve written hundreds of posts and comments anonymously demeaning and ridiculing myself and my parents, such as “Unlearned families with middle school graduates.” That too for two years. I came to my parents’ house because I was so shocked, and I am currently separated from my husband. My husband keeps talking at home and he is persuading me. I’ve already lost all affection for my husband, and I’m even scared. I want to divorce my husband and, if possible, sue him for defamation. However, my husband and I usually got along well without any major problems, and in particular, my husband treated my parents respectfully. I wonder if internet postings alone can be grounds for divorce. “Swearing at oneself, but swearing at one’s parents is hard to bear. The husband said that he wanted to divorce because his husband posted an article on the Internet degrading his parents’ family. First of all, what are the reasons for divorce prescribed by the civil law? ?
◆ Attorney Kyung-Ha Lee (hereinafter referred to as Kyung-Ha Lee): The Civil Act recognizes that the spouse or his or her lineal ascendant has been treated unfairly by the spouse as a reason for divorce. However, in the case of the storyteller, if the husband does not agree to the divorce because the husband has anonymously cursed and belittled online only and has a completely different attitude offline, his actions are subject to Article 840 Subparagraphs 3 and 4 of the Civil Act. While arguing that the treatment was not so unfair as to be a reason for divorce, it seems highly likely that they will argue in the lawsuit by submitting evidence that they have done well to their mother-in-law and their spouse. Also typical domestic violence, infidelity. Since this is not a reason for divorce, it is highly likely that the court will first recommend adjustment measures, such as couple counseling, with the possibility of restoring the marital relationship in mind.
◇ Cho In-seop: Then, it seems to be a problem whether it falls under Article 840, Nos. 3 and 4 of the Civil Act. Among the reasons for divorce in the civil law, what kind of case does it refer to when it is said that it is when you have been treated unfairly by your spouse? And if you want to divorce, please tell me what points would be better to emphasize.
◆ Kyung-ha Lee: Here, ‘when you are treated very unfairly by your spouse’ means that you have been assaulted, abused, or seriously insulted to the extent that forcing your spouse to continue the marriage relationship is considered harsh, and forcing the continuation of the marriage relationship is not the case. This is when it causes unbearable pain to one spouse. Therefore, even if the person concerned takes adjustment measures such as couple counseling in court, he consistently expressed his firm intention to divorce during the couple counseling process, and the husband’s anonymous posting was not simply an unusual and one-off act, and it continued throughout the two years of marriage. It is important to emphasize that this is an act done.
◇ Jo In-seop: That’s right. Looking at what I’ve been doing for 2 years, I think that maintaining a married life will actually be a little unbearable pain. Anyway, looking at the story of the story, it seems that the husband is taking the attitude of telling me to come home and talk. What should I do? Should he go back home and talk?
◆ Kyungha Lee: You said that you are currently living apart from your husband. If the separation period is prolonged, it may be judged to be a serious reason for making it difficult to continue the marriage among other reasons for divorce. In other words, even if it is not a typical reason for divorce, such as infidelity or domestic violence, when there are circumstances in which living together is considered extremely unfair, or when there is a serious reason that makes it difficult to continue the marriage, the application for divorce is accepted. The Supreme Court precedent states that when there are other serious reasons that make it difficult to continue the marriage, the relationship between the couple living together, which corresponds to the essence of marriage, which should be based on affection and trust between husband and wife, is irretrievably broken, and the continuation of the married life If coercion is deemed to cause unbearable pain to the ordinary spouse, and when it is judged, whether or not there is an intention to continue the marriage, whether or not the parties are responsible for the cause of the breakdown, the period of marital life, whether or not they have children, the age of the parties, and the We believe that living security and other marital relations should be taken into consideration.
◇ Jo In-seop: You see all kinds of things.
◆ Lee Gyeong-ha: Yes, so in the case of the spouse, the marriage period is not 10 or 20 years, but 2 years, which is rather short. You can take the lawsuit in your favor by claiming the grounds for divorce set forth in You must not return home.
◇ Jo In-seop: Then, you are wondering if your husband can be punished for insult or defamation. Is that possible?
◆ Lee Kyung-ha: In order for a husband’s post on an anonymous site to be considered an insult or defamation, it is necessary to be able to identify the person mentioned in the post and the person’s parents. To put it simply, people who saw the post should be able to know who the storyteller and the parents of the storyteller described in the post are. The Supreme Court believes that the specificity of victims of insult and defamation must be judged by considering the content of the expression and the surrounding circumstances. For example, if your husband posted a post under his real name, not on an anonymous site, but on a Naver band made up of many alumni friends, then the alumni friends who saw the post would be able to identify and know who the person and their parents were. A charge of defamation or contempt may be admitted. However, if you look at the current husband’s post on an anonymous site again, the parents of the storyteller gave me less than 10 million won. they are farmers And he has a high school diploma. There is no other information other than this, and it is a little difficult to see that the storyteller and the storyteller’s parents can be identified or known with only this information, so it will be difficult to punish them for insult or defamation.
◇ Jo In-seop: Then, we cannot have her husband punished criminally, but can we claim her alimony?
◆ Kyungha Lee: Claims for alimony are also possible. In a divorce proceeding, the spouse who is not responsible for the breakup of the marriage may claim alimony from the spouse who is responsible for the breakup of the marriage. However, as mentioned earlier, domestic violence or infidelity are not common reasons for divorce, so you must prove that your husband’s act of posting on an anonymous site is a serious unfair treatment that leads to the breakdown of the marriage.
◇ Jo In-seop: Then, if you get a divorce, you will probably divide your property. My parents-in-law said that they prepared a house for newlyweds with a deposit of 200 million won. How can I get a division of property?
◆ Kyungha Lee: Our Supreme Court considers various 안전놀이터factors in property division. The length of marriage, whether there are children, who the spouse is at fault, etc. Judging only from what the user said, considering that there are no children and the marriage period was only 2 years, it may be a little difficult to divide the deposit in half exactly. However, there is a Supreme Court precedent that property division can also have the character of alimony paid by the spouse at fault who is responsible for the breakdown of the marriage to the spouse who is not responsible. Therefore, if the breakdown of marriage is recognized between the spouse and the husband, the husband is responsible for the breakdown of the marriage, so if you express these points well, it seems that you will be able to divide even a part of the deposit.
◇ Jo In-seop: So, to summarize the contents of the consultation so far, the person and his parents have different educational backgrounds and economic conditions compared to their husband and parents-in-law, but they have been doing well without any major problems. She has been separated from her husband since she accidentally found out that her husband posted anonymously on an internet community bulletin board disparaging his mother-in-law’s family. Story The person asked if a divorce would be possible for her. Since it is not a typical reason for divorce such as domestic violence or infidelity, there is a high possibility that the court will take mediation measures such as couple counseling. She also explained that staying at her parents’ home and maintaining a separate life could also turn the case in her favor, she explained. On the other hand, regarding whether the husband can be punished for insult or defamation, if the husband posted the article under his real name, not on an anonymous site, since other people can know the storyteller and his parents, defamation or insult can be recognized. You summarized that if you posted anonymously on an anonymous site, it would be difficult to get punished for insult or defamation. thank you She has been with lawyer Lee Kyung-ha so far.