"Stayed at Motel but No Sexual Intercourse"…Court Rules "Lodging Alone Constitutes Adultery"

"No Sexual Relations but Immoral Conduct"
Legal Community: "This Ruling Will Become an Important Precedent"

A court ruling has determined that merely staying together at a motel and going on a drive can be considered an affair, even without sexual intercourse.

On the 15th, according to legal circles, Judge Jeong Yong-seok of the Seoul Northern District Court partially ruled in favor of Plaintiff A in a damages lawsuit filed against theater actor B and A's spouse. The court ordered B to pay 15 million won in consolation damages.

B grew close to C, A's spouse, while performing in the same play. The two went on drives together and stayed at motels. Consequently, A filed a claim for mental damages against B, arguing that B's illicit conduct with A's spouse infringed upon their marital life and caused psychological distress.

However, B's side claimed that B and C were simply senior and junior colleagues in theater, and although they entered a motel briefly while intoxicated, no sexual relations occurred.

Nevertheless, the court found that an illicit relationship existed between them. In fact, B exchanged messages with C expressing "I miss you." Judge Jeong pointed out, "The content of the conversations between B and C cannot be seen as merely exchanged between colleagues." He added, "Considering that they went on drives together and stayed at motels, even if they did not have sexual relations, this series of behaviors constitutes immoral acts that betray the duty of trust between spouses and can lead to the breakdown of the marital relationship."

The Supreme Court regards any illicit acts that breach the marital duty of fidelity as "spousal infidelity," even if it does not amount to adultery.

Regarding the recognition of only half of the 30 million won claimed by A, the court explained that it comprehensively considered factors such as the duration of the marriage, family relationships, and the content and duration of the illicit acts. Legal circles expect this ruling to expand the scope of recognizing affairs and foresee it becoming an important precedent in similar future cases.