The case holding that the wife's unfair treatment such as assault and insult against her husband constitutes a reason for divorce under Article 840 subparagraph 3 of the Civil Act.

With respect to a husband's dancing and sexual intercourse between the wife and the wife, if the wife is not a mental patient who is not a mental patient who is showing the symptoms of severe wife but forced the husband to leave the husband to a mental hospital or medical care center, etc., the wife is attempting to kidnapping, and if the husband was sexually treated the husband in front of the student in the class by assault, insult, etc. and thereby making it difficult for the husband to continue the marital life, this constitutes grounds for divorce under Article 840 subparagraph 3 of the Civil Act.

Article 840 subparag. 3 of the Civil Act

Claimant

appellees

Seoul High Court Decision 84Reu217 delivered on July 1, 1985

The appeal is dismissed.

The costs of appeal shall be borne by the appellee.

The grounds of appeal are examined.

In light of the records, the court below may find facts as at the time of original adjudication even after examining the evidence prepared by the court below. The court below's decision to the same purport is just and there is no illegality in evidence in the process of the above fact-finding, such as the theory of litigation, if the claimant is not a mental patient who is not a mental patient who shows the symptoms of severe pain, but is forced to send the claimant to the mental hospital or medical clinic, etc. as a mental patient, and if the respondent forced the claimant to be forced to leave the mental hospital or hospital, etc., and if it has reached the situation where it is difficult for him to continue his marital life by treating the claimant as an unfair treatment such as assault, insult, etc., taking the person before the during the class, and it constitutes a cause for divorce under Article 840 subparagraph 3 of the Civil Code.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Jong-tae (Presiding Justice)