Adultery is not a crime in South Korea. The Constitutional Court struck down the criminal adultery statute in February 2015, so no one can be arrested, charged, or jailed for an affair today. The legal consequences that remain are civil: a damages lawsuit from the wronged spouse, a fault-based divorce with property division tilted against the unfaithful partner, a potential disadvantage in child custody, and, for government employees, disciplinary action that can reach dismissal.
How Adultery Was Decriminalized
On February 26, 2015, the Constitutional Court declared Article 241 of the Criminal Act unconstitutional in a seven-to-two decision, ending a law that had been on the books since 1953 and that carried a sentence of up to two years in prison. Five justices wrote a joint opinion finding that the statute infringed on privacy and sexual self-determination. They also noted that estranged spouses had largely stopped using the law to protect marriages and instead used criminal complaints as leverage to extract larger property settlements in divorce.
The practical effect for anyone today is simple. Prosecutors cannot bring a case. Police cannot investigate an affair as a crime. Everything that follows plays out in family court and civil court.
Civil Damages: The Main Legal Risk
Under the Korean Civil Act, an extramarital affair is a tort. The wronged spouse can sue for emotional distress damages, called solatium (위자료), and this is the primary legal remedy that replaced criminal prosecution.
Two features of these lawsuits catch people off guard. First, the wronged spouse can sue both the unfaithful partner and the third party who participated in the affair. The affair partner is personally exposed, not just the spouse. Second, filing suit does not require getting divorced. Some plaintiffs pursue solatium while staying married and treat it purely as financial compensation.
How Much Money Is at Stake
Plaintiffs typically seek around 30 million KRW, which at 2026 exchange rates is roughly $20,000 USD. Final awards vary with the facts. Courts weigh:
- How much the affair itself caused the marriage to break down, versus problems that already existed.
- How long the affair lasted. Longer relationships produce higher awards.
- The nature of the relationship. Evidence of a full sexual relationship produces larger awards than evidence of emotional intimacy alone.
- The defendant’s behavior during the case. Continuing the affair openly during litigation, or coordinating false testimony, increases the award.
The defendant’s wealth is not a major factor. Courts focus on the severity of the conduct and the harm to the plaintiff.
What Counts as Proof
The civil standard is broader than many people expect. Direct proof of sexual intercourse is not required. Courts look at whether the conduct violated the duty of marital fidelity and caused real emotional harm, so deep emotional intimacy, cohabitation, or other behavior that undermines the marriage can be enough on its own.
Evidence usually comes from text messages, KakaoTalk conversations, phone records, and admissions from the unfaithful spouse or the third party. South Korean law allows you to record a conversation you are personally participating in, and those recordings are admissible, which makes recorded admissions a particularly strong form of proof.
Divorce and Property Division
South Korean divorce law is fault-based, and adultery is one of the grounds listed in Article 840 of the Civil Act for a judicial divorce. The unfaithful spouse is treated as the wrongdoer, and that label has financial consequences.
Korean courts consider the reasons a marriage broke down when dividing jointly acquired assets. An affair that caused the breakdown pushes the split toward the wronged spouse. South Korea does not have a separate spousal maintenance system comparable to alimony in many Western countries. Instead, the court adjusts the property division itself to account for economic disadvantage, which means the property split is where the real money moves.
Child Custody
Family courts decide custody based on the child’s welfare, and an affair is one factor they weigh. A parent who committed adultery may be at a disadvantage, especially if the affair contributed to the breakdown of the household. It is not an automatic disqualifier, though. A parent who had an affair can still be awarded custody by showing they will provide the better environment for the child.
Extra Risk for Government Employees
Public officials carry a layer of exposure that private citizens do not. Article 63 of the State Public Officials Act requires officials to avoid any conduct “detrimental to his or her dignity,” on or off duty, and adultery has been treated as a violation of that duty.1Korea Legislation Research Institute. State Public Officials Act When a complaint is filed, the Office of the Public Official Discipline Secretary investigates and notifies the relevant ministry, which decides on sanctions. Discipline can range from a formal reprimand to dismissal.
For someone in government service, a single affair can produce a civil damages suit, a fault-based divorce, a custody fight, and a disciplinary proceeding at the same time, with none of them depending on the others.