"Exposed Affair with Lover’s Coworker" in Group Chat of 500, Then Death—Family Seeks KRW 100 Million in Damages: What Did the Court Decide? [This Law]

[Financial News] A person exposed their partner’s affair in a group chat joined by more than 500 coworkers. The partner later died by suicide, prompting the family to file a damages suit against the person who made the disclosure. However, the court rejected the family’s claim, finding it difficult to establish a substantial causal relationship between the defamation and the death. The court’s reasoning was that suicide cannot ordinarily be regarded as a foreseeable consequence solely because someone was defamed.

According to The Korea Herald Business and legal sources on the 9th, on August 19, Choi Bok-gyu, a judge at the Anyang Branch of Suwon District Court, ruled in a lawsuit filed by the family of the deceased A against B, who was sued for "paying KRW 100 million," that B must pay KRW 19 million in consolation money for the emotional harm caused by defamation and other unlawful acts.
A and B had been in a romantic relationship, broke up, and resumed seeing each other around February 2023. That same month, while sleeping at A’s home, B unlocked and searched A’s phone without permission and discovered that A was having an affair with a coworker.
B captured dozens of screenshots of A’s messenger conversations and later shared them in three group chats made up of A’s coworkers. The chats had a combined membership of more than 500 people. The disclosure came the day after the wedding of the coworker with whom A had allegedly had an affair.
A filed a criminal complaint against B and died by suicide three days later.

B, who was prosecuted in connection with the incident, was ultimately convicted of defamation and other charges.
The trial court sentenced B to six months in prison, suspended for two years. The appellate court increased the sentence to 10 months in prison, also suspended for two years.
The court noted, "B’s conduct appears to have caused the victim severe psychological distress," adding, "It led to the serious consequence of the victim’s death." It continued, "The offense was particularly egregious because the victim’s private life was disclosed to hundreds of coworkers," and explained, "The harm was exacerbated because the victim was unable to take appropriate measures after the offense."

The victim’s family also filed a civil lawsuit seeking more than KRW 100 million from B. However, the court ruled, "It is difficult to find a substantial causal relationship between B’s unlawful conduct and the victim’s suicide."
The court explained, "Suicide is a final choice made when a person falls into despair, believing that life has become meaningless or that only unhappiness and suffering lie ahead," adding, "Based on ordinary experience, taking one’s own life because of unlawful conduct such as defamation cannot be regarded as the victim’s typical response."
It further stated, "Given that the deceased had no history of receiving psychiatric treatment for depression or other conditions, it is insufficient to conclude that B foresaw or could have foreseen the possibility of the deceased’s suicide."
The court also found, "Although the victim appears to have suffered psychological distress because of B’s unlawful conduct, it is difficult to regard its nature and extent as extremely severe." It added that the suicide note expressed guilt and remorse toward people around the deceased, while also stating regarding B, "I hope you can live without feeling guilty."
Nevertheless, the court ruled, "Even if B does not bear liability directly for the victim’s death, it is reasonable to find that B caused emotional suffering to the deceased and the family." It therefore ordered B to pay KRW 19 million in consolation money for that harm.
The ruling has not yet become final, and a second trial is expected following an appeal by the family.

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