배우자의 부정행위 상대방에 대한 위자료청구

A couple is obliged to monogamy. Infidelity is grounds for divorce. A spouse can claim the alimony from the other party to an infidelity according to conventional precedent and theory. Because it violates the peace-keeping of marriage and marital rights, adultery becomes an illegal act toward the other part of the couple. However, when the marriage is breakdown, torts by adultery is not valid. Views denying or restricting alimony claims on this issue have emerged recently. As the infidel party does not illegally infringe upon the couple's peace, he is not responsible for an unlawful act. According to opinions denying alimony, admitting responsibility for adultery repudiates equal conjugal relations based on free will in a marriage. They say that it is not an illegality to have sexual relations by agreements or natural affection and that the spouse has the main responsibility for adultery whereas the third party assumes only a secondary responsibility. Marriage forms the foundation of home and community and the couple's rights must be protected by the law. It carries an important meaning to make the third party responsible for infidelity, for the value and external protection of marriage. The couple's sexual union by marriage cannot be violated and should be better protected. I think that the value of marriage is more precious than sexual freedom or self-determining intention for sex.