Even if the husband assaults his wife due to her fault, can the wife file for divorce in court?
Article 840-3 of the Civil Code stipulates that a person can request a judicial divorce if he or she has been treated ‘grossly unfairly’ by his or her spouse.
‘Severely unfair treatment’ usually refers to cases where a person has been assaulted, abused, or insulted to the extent that continuing the marriage relationship is considered harsh.
However, if your husband assaults you due to your own fault, you may wonder whether this would be considered 'grossly unfair treatment', which is grounds for divorce in court.
The Supreme Court precedent states that in the divorce claim case of a Vietnamese wife who was repeatedly assaulted by her Korean husband, even if the wife came home late, went out frequently, or stayed out overnight, if she was assaulted by her husband for this reason, it would be considered 'grossly unfair treatment'. Therefore, the court ruled that it was grounds for divorce.
[Supreme Court 2021.03.25. Refer to judgment 2020M14763]
This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.
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