A wife found her husband's car at a hotel on a day he claimed he was at the gym. A lawyer explains what Korean law actually considers infidelity—and it's broader than you might think.

On September 14, YTN Radio's legal advice program Jo In-seop Lawyer's Counseling Office aired the story of woman A. She's been married seven years, has a six-year-old son, and suspects her husband of an affair with a female trainer at his gym.
Her husband started going to the gym in his mid-30s after deciding to get healthier. A's suspicions hardened when she checked his parking records. His car showed up at a hotel—nowhere near the gym—on a day he said he was working out. The female trainer had also followed him on SNS.
His defense was simple: "After exercise, we just gave each other counseling on our concerns." On the hotel visit, he claimed he was only accompanying the drunk trainer. "I absolutely swear there was no sexual relationship," he insisted.
Attorney Choi Hyung-chang of Law Firm Shinsegae was asked whether this clears the legal bar for divorce. His answer was unambiguous:
"'Infidelity' eligible for a judicial divorce claim is not simply limited to sexual relations with another person of the opposite sex."
Courts treat the concept far more broadly than adultery alone. Behavior equivalent to a romantic relationship—or any conduct that fails the duty of marital fidelity—can qualify depending on the circumstances.
The husband and trainer had already crossed beyond a simple trainer-trainee dynamic. They met repeatedly on a personal basis. They entered a hotel together after drinking. If additional evidence surfaces, the likelihood of infidelity being legally recognized climbs. Affectionate messages. Late-night repeated meetings. Travel together. Any of these would strengthen the case.
Because the trainer followed the husband on SNS, A may be able to argue the trainer knew he was married. If a third party knowingly participates in infidelity while aware the other person has a spouse, a damages claim against that third party is possible in principle. Both whether infidelity actually occurred and whether the trainer knew—or reasonably should have known—the husband was married become key issues.
Choi flagged a common mistake on evidence collection: emotionally charged spouses sometimes unlock a partner's phone without permission or install tracking software. This creates criminal liability and complicates the case. Stick to legal methods instead. Record conversations you're part of. Keep messages sent directly to you. Secure records from jointly accessible family accounts.
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