On Monday, YTN Radio’s Consultation Office of Lawyer Jo In-seop shared the story of Mr. A, who wants to divorce his North Korean defector wife.
Mr. A explained that he cultivate specialty crops in a rural area and supply salad ingredients to hotels and restaurants. Through hard work, he’ve expanded his client base and increased the income. He added that once he became established and had some financial flexibility, he began supporting North Korean defectors.
He met his current wife while assisting defectors in becoming self-sufficient through a foundation. At that time, she had been in South Korea for about two years after defecting from North Korea.
Mr. A continued that his wife settled into his workplace and became a great asset to the business. He noted that as time passed, he confessed his feelings to her, and they eventually got married. He mentioned that they even had a daughter, but the happiness was short-lived.
One day, while searching for business documents, Mr. A accidentally discovered court papers addressed to his wife regarding her divorce from a husband she had married in North Korea.
Mr. A revealed that was the moment when he learned his wife had been married in North Korea. He mentioned that she had concealed this fact when they got married. When he confronted her, she confessed she is sorry for not telling him and planned to explain everything after resolving her past. Mr. A noted that he was completely overwhelmed right now.
He added that although her North Korean husband is unreachable, the fact that she concealed this information is troubling. He said that he’s at a loss about how to handle this situation. Emphasing that honestly, even if this issue is legally resolved, he doesn’t think he can continue living with her.
Mr. A inquired about if they divorce, his eligibility for alimony. He entrusted a significant portion of his business to the wife, and the revenue increased substantially. He questioned whether these factors be considered in the division of assets.
Attorney Chung Doo-Ri from Shinsegae Law Firm responded that he can petition for an annulment based on bigamy. However, she noted that given the unique circumstances of North Korean defectors, the court’s decision may vary depending on the specific details of the case.
Attorney Chung explained that while remarrying in South Korea without disclosing a previous North Korean marriage doesn’t invalidate the current marriage, it can be grounds for divorce due to a severe breach of trust. She elaborated that if concealing the previous marriage was the primary cause of the marital breakdown and was done intentionally, causing emotional distress to the other party, a claim for damages may be justified.
Attorney Chung added that if the marriage is not annulled and remains legally valid, there’s a high likelihood that property division rights will be recognized. She noted that given that he entrusted the business to the wife and saw increased revenue, her contributions will likely be taken into account to some extent.