The appellate court overturned a first-instance ruling that blamed A and her husband B's marital breakdown on A, who had been embroiled in an affair allegation with actor Choi Jeong-won, formerly of the group UN.
According to attorney Noh Jong-eon of Law Firm Jonjae, A's legal representative, the Seoul High Court on 19th quashed the first-instance ruling in the divorce suit between A and husband B that said "the primary responsibility for the breakdown of the marriage lies with A, who committed wrongful conduct by violating the duty of fidelity."
In its written judgment, the appellate panel stated, "It is difficult to recognize that A and Choi Jeong-won went beyond a simple acquaintance to engage in conduct lacking in the duty of fidelity to the extent of committing 'wrongful conduct' under Article 840, Item 1 of the Civil Act, or that this led to the breakdown of the marriage," adding, "Rather, it is reasonable to view that the marriage broke down because the defendant (the husband), in the process of resolving the conflict that arose from this, consistently took a coercive attitude toward the plaintiff and others."
Attorney Noh said, "After the past first-instance ruling, A endured immeasurable suffering under the social stigma of being labeled a 'cheating woman.' Because of this, her health deteriorated severely, making it difficult to continue working, and to this day she is fighting a serious illness with difficulty, enduring each day for her child."
He went on, "As a court of law (法律審), the Supreme Court, as a rule, does not make new determinations on factual matters," adding, "Therefore, there is a very high likelihood that this ruling by the Seoul High Court will serve as the substantive final determination."
He continued, "Since it has been revealed through a higher court's determination that the previous reports suggesting Mr. Choi Jeong-won and A were in an adulterous relationship are not true, we earnestly ask that the factual record be corrected, and we sincerely hope that the social stigma A has suffered and her damaged reputation can be restored, even if only a little."
Earlier, in Dec. 2022, B filed a damages suit seeking 100 million won against Choi Jeong-won, alleging he committed adultery with A. Choi denied the affair rumor, saying A was an acquaintance whose family had been close with his since childhood. He also filed complaints against B for blackmail, defamation, insult, and instigation of defamation, but B received a disposition of "no charge."