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Man Discovers Child is Not His After Paternity Test: South Korean Legal Advice

(Schematic diagram/pixabay)

A story recently appeared on South Korea’s YTN radio’s “Lawyer Cho In-seop’s Counseling Room” about a man who immediately married his ex-girlfriend after they broke up with her and informed her of her pregnancy. Unexpectedly, the two of them quarreled constantly after their marriage, and the ex-girlfriend revealed “the child is not yours” after being drunk. Later, after 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 (hereinafter referred to as Mr. A) said that he ran a coffee shop to make a living, and his ex-girlfriend (hereinafter 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 after dating, the two quarreled constantly, and because of completely different living habits, the two finally broke up after three years of dating, and then entered an endless cycle of getting back together and breaking up.

Until one month after 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 after 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 could be ended because the child was not his own. He was also curious about whether he could 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 after the incident is known, and the divorce can be successful. The child’s household registration can also be revised after a judicial decision confirms that the biological relationship does not exist.

Lawyer Park Se-young also said that in terms of damages, after 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 after 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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2024-01-07 06:57:44

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