The Shocking Story of a Married Man Who Discovered His Child Was Not His – Legal Advice and Compensation Options

2024-01-07 06:57:44

(Schematic diagram/pixabay)

A story recently appeared on South Korea’s YTN radio’s “Lawyer Cho In-seop’s Counseling Room” regarding a man who immediately married his ex-girlfriend following they broke up with her and informed her of her pregnancy. Unexpectedly, the two of them quarreled constantly following their marriage, and the ex-girlfriend revealed “the child is not yours” following being drunk. Later, following the man’s paternity test, it was found that the ex-girlfriend’s statement was true, but no one knew who the biological father of the child was. .

According to South Korean media reports, the man (hereinfollowing referred to as Mr. A) said that he ran a coffee shop to make a living, and his ex-girlfriend (hereinfollowing referred to as Ms. B) was originally a customer who came to the shop to spend money. Later, the two got along very happily. Then we started to communicate. But following dating, the two quarreled constantly, and because of completely different living habits, the two finally broke up following three years of dating, and then entered an endless cycle of getting back together and breaking up.

Until one month following a certain breakup, Mr. A suddenly received a message from Miss B. Miss B said that she was pregnant. Mr. A decided to marry Miss B out of his responsibility for the child. At that time, Mr. A also believed that the relationship between the two would improve due to the birth of the child.

But in fact, life following marriage was completely different from what Mr. A imagined, and the quarrel between the two was still very serious. One time, Ms. B was drinking at home. After she was drunk, she blurted out, “Our child doesn’t know his real father. It’s really pitiful.” Such remarks aroused Mr. A’s suspicion, so he took his child for a paternity test. Unexpectedly, he found that the child he had raised for many years was not his biological child.

Mr. A also asked the host of the program, lawyer Park Se-young, whether the marriage might be ended because the child was not his own. He was also curious regarding whether he might seek compensation from Ms. B for this. Lawyer Park Se-young said that according to South Korea’s current legal provisions, if the marriage was due to fraud or coercion, a lawsuit can be filed within 3 months following the incident is known, and the divorce can be successful. The child’s household registration can also be revised following a judicial decision confirms that the biological relationship does not exist.

Lawyer Park Se-young also said that in terms of damages, following the marriage relationship is canceled by a judicial judgment, the at-fault party can be asked to compensate for damages. However, when judging mental compensation, the court will consider age, occupation, property, reason for marriage, and the reason for marriage. It will be decided later. And if Ms. B continues to have contact with the child’s biological father following marriage, Mr. A can also claim compensation from the child’s biological father and request the return of the child’s support so far.

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