혼인관계 파탄으로 인한 위자료청구권과 관련한 실무적 쟁점

The right stipulated in Article 843 of the Civil Act is a right recognized to compensate for the mental damage suffered by a spouse due to divorce, and is distinct from the liability for damages resulting from the faulty act that caused the breakdown of the marriage. However, due to its special nature, alimony conflicts with existing legal principles in determining the conditions for establishing liability or the legal status of liability and in regulating the legal relationship between multiple parties who bear the responsibility for cooperation. In this paper, we will discuss the content of alimony and when it is considered to be established, whether a claim for alimony can be exercised in conjunction with a claim for damages for the individual at-fault acts that caused the divorce, whether a claim for alimony can be made against a third party, and if so, what requirements must be met for a third party to assume liability through cooperation, and whether the legal doctrine of joint and several obligations can be applied as is, as the debts borne by the at-fault spouse and the third party are the same. The need for this discussion arises from the fact that alimony includes various financial resources for support purposes in addition to compensation for purely mental damages, and that a wide variety of factors are involved in the breakdown of a marriage, making it difficult to hold a third party who participated in a spouse's negligent actions fully responsible.