Concept and history
The term wijaryo ("money for consolation") came to Korea via Japanese law. The idea that non-economic suffering deserves compensation traces to the German Schmerzensgeld ("pain money"). Korea's Civil Act, in force since 1960, codified it in Article 751. At first it applied mainly to ordinary torts like traffic accidents and defamation, but rising divorce made it a key tool for assigning blame for a marriage's collapse. After the Constitutional Court struck down the adultery crime in 2015, civil damages became the main legal response to a spouse's infidelity.
Divorce awards
Courts weigh the length of the marriage, the cause and degree of fault, the parties' age, assets and occupation, and whether there are children. Even with clear fault such as infidelity or violence, Korean divorce awards usually run ₩10–50 million, modest by international standards. Consolation money compensates wrongdoing. Property division splits jointly built assets, so the two are separate. If both spouses share fault roughly equally, no award may be made. Note that it differs from alimony in the Western sense: Korea has no ongoing spousal maintenance after divorce.
Affair partners and time limits
The other party to an affair can be sued as a joint tortfeasor, even if the couple stays married. There's no liability if the marriage had already effectively broken down. Claims expire three years after learning of the harm and the wrongdoer, or ten years after the act. Some claimants send a certified demand letter first. Publicly shaming the other party can backfire, though, through counterclaims such as criminal insult or defamation.
FAQ
- Is consolation money taxable?
- Generally no—it compensates emotional harm, so income or gift tax doesn't apply.
- Can I sue an affair partner without divorcing?
- Yes, you can claim damages while remaining married.
Sources reviewed: 2026-10-26
References
- 민법 제750조(불법행위의 내용), 제751조(재산 이외의 손해의 배상), 제806조(약혼해제와 손해배상), 제843조.
- 대법원 2014. 11. 20. 선고 2011므2997 전원합의체 판결.
- 서울가정법원. (2021). 이혼 위자료 산정 실무 자료.