'Did He Know I Was Married?' Hwang Bomi Faces 'Sanggan-nyeo Lawsuit'... What Kind of Lawsuit Is It? [Han Seung-gon's Legal Insights]

Hwang Bomi Sued for Adultery Lawsuit
Agency: "We Will Reveal Real Names First Because It's Unfair"
Legal Representative of Plaintiff: "I Want to Immediately Refute Hwang Bomi's Lies"

Editor's note. There is a saying, "A person who seems to live without the law." It is another way to describe a good person. However, there is also the phrase "Let's follow the law." In this way, the law is subtly present in our daily lives. We deliver the rigid stories of the law in a gentle manner.

Sports announcer Hwang Bo-mi has been identified as the other woman and is embroiled in a lawsuit demanding alimony. Photo by Hwang, Instagram capture

[Asia Economy Reporter Han Seung-gon] Former sports announcer turned actress Hwang Bo-mi has become the focus of attention regarding the so-called 'adultery lawsuit' after it was reported that she was sued for alimony by her ex-boyfriend’s wife. The ex-boyfriend, his wife, and other parties involved in the lawsuit have each expressed opposing positions through media interviews, leading to intense disputes.

An adultery lawsuit refers to a lawsuit filed to claim compensation for mental distress from a mistress who had an affair with a husband and caused the breakdown of the family. So, how are the alimony amounts and winning criteria determined? According to the legal community, the amount of alimony awarded in such lawsuits is judged by comprehensively considering various factors. Evidence of the affair is also an important element.

For example, the longer the duration of the infidelity, the higher the alimony amount tends to be awarded. In particular, if evidence is submitted showing that sexual relations between the man and woman were involved, it is known that relatively higher alimony can be received.

In this regard, in August 2016, the court ruled the alimony amount against the adulterer to be 50 million KRW.

According to media reports at the time, the wife, who had maintained a 20-year marriage, learned of her husband’s infidelity, divorced him, and filed a lawsuit against the mistress claiming 50 million KRW in alimony. Later, during the divorce settlement, she received a substantial portion of the property and gave up the alimony claim against her husband.

However, the alimony claim against the mistress was maintained. The mistress argued that since the plaintiff received a substantial portion of the property from the husband and gave up the alimony claim for the affair, her right to claim alimony against the mistress should also be extinguished.

In response to this claim, the wife (plaintiff) emphasized that not claiming alimony from the husband does not mean she received alimony, and that receiving a substantial portion of the property is unrelated to this case. She also argued that the intention to give up the alimony claim against the husband does not legally affect the mistress.

The court accepted the plaintiff’s argument and ruled that the right to claim alimony against the mistress is not extinguished.

In this case, considering the mistress’s persistent denial of clear evidence of the affair during the lawsuit, the long duration of the marriage, the fact that the parties cohabited after divorce, and the plaintiff’s suffering, the court set an exceptional alimony amount of 50 million KRW.

Summarizing the trial results, clear evidence of infidelity appears to be the most important issue in the lawsuit. Also, whether the party who committed the infidelity admits wrongdoing in court seems to influence the alimony decision.

Meanwhile, Hwang Bo-mi’s agency, B.O.T Company, stated, "All the contents of the ex-boyfriend’s interview are true," and took a firm stance that it was not an intentional affair, saying, "How can one not be deceived by someone who is determined to deceive?" Through a media outlet, they added, "(Hwang Bo-mi) collapsed because of this. It feels like she became the female Kim Seon-ho. Because it was unfair, we opened the real name first from our side. We said, 'Let’s face this confidently,' and after company discussions, we revealed the name," repeatedly expressing their grievance.

They also said, "(The man) showed Hwang Bo-mi the marriage certificate in May, and after confirming the clean marriage certificate without any marriage or divorce history, Hwang Bo-mi resumed dating him. At that time, Hwang Bo-mi was completely unaware that this was a forged document." They continued, "How can one not be deceived by someone who is determined to deceive? Hwang Bo-mi is a clear victim. We will take legal action against the spread of false information. We also plan to claim mental damages from the ex-boyfriend."

Regarding this, Kim Min-ho, attorney at VIP Law Office representing the mistress in the adultery lawsuit, said in an interview with a media outlet, "I expected (Hwang Bo-mi) to respond like this," and added, "I strongly want to immediately refute Hwang Bo-mi’s lies, but since the trial has not even started yet, I will be cautious." He further stated, "If Hwang Bo-mi issues another statement, we will discuss how to respond."