"He Quit Drinking and Late-Night Snacks and Started Going to the Gym—Then Went to Hotels with His Trainer?" Can a Husband’s Parking Records Be Evidence? [This Law]

[Financial News] A story has emerged about a husband who successfully lost weight through exercise and suddenly began paying more attention to his appearance, only to be caught visiting hotels with a fitness trainer. Even afterward, he denied the allegations, insisting, "It absolutely was not an affair."


On the 14th, YTN Radio’s 'Attorney Jo In-seop's Counseling Center' introduced the story of Woman A, who has been married for seven years and has a six-year-old son.
A began by saying, "My husband was on the heavier side even when we were dating. He said he had never been slim a single day since childhood."
She continued, "He was not particularly attractive based on his looks alone, but he had a gentle and sociable personality. I liked that about him, so we eventually got married. After we married, my husband gained even more weight."
She added, "Once he passed his mid-30s, I gradually began to worry about his health. Fortunately, my husband seemed to come to his senses and started going to the gym. He also gave up the alcohol and late-night snacks he had enjoyed so much. Since he stopped eating greasy food late at night, his skin improved, and he even started to look handsome. I think the compliments he received from people around him gave him more confidence in his appearance."
The husband, who went to the gym every day saying he was enjoying exercise, began buying perfumes he had previously ignored, carefully styling his hair every morning, and paying more attention to his clothes. While finding this strange, A happened to see her husband’s parking records on a car-management application.
A said, "It was a day when he told me he was going to the gym, but his car was parked at a hotel far from our home. I became suspicious and checked the other records. I found several more instances of his car being parked in similar locations."
She continued, "When I confronted my husband, he initially claimed he had met someone from a business partner’s company. Eventually, however, he admitted that he had been with a female trainer. He said they had a drink after exercising and counseled each other about their problems. He also said he entered the hotel only to see the trainer, who was drunk, safely home—but swore to God that they absolutely did not have sex."
She added, "There are many photos of me and our son on my husband’s social media, so the trainer must have known he was married. That makes me even angrier at her. My husband keeps saying that I should not accuse him of having an affair because there is no evidence that they had sex. I want to know whether I really need clear proof of sexual intercourse to seek a divorce or file a damages claim against the third party to the affair."

After hearing the story, attorney Im Hyeong-chang explained, "Marital misconduct is not recognized only when sexual intercourse has occurred. Whether misconduct took place is determined by considering various circumstances together, such as repeated private meetings, hotel visits, and messages containing expressions of affection."
He added, "If the female trainer continued the relationship while knowing that the husband was married, she may also be held liable for damages as the third party to the affair. However, people should be careful because illegally tracking someone’s location or checking their phone without permission while gathering evidence could instead lead to criminal liability."
Attorney Im advised, "It is best to first use lawful methods, such as securing records from a family joint account or a jointly owned vehicle that you are legally permitted to access. You should first preserve the materials you currently have."


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