□ Host: Attorney Cho In-seop
□ Starter: Attorney Woo Jin-seo
* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.
◆ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): Lawhouse for you. I'm with lawyer Woo Jin-seo. Hello.
◇ Lawyer Woo Jin-seo (hereinafter Woo Jin-seo): Hello, I'm Woo Jin-seo from Shinsegae Law Firm.
◆ Cho In-seop: Yes, what is today's story about?
■ DEAR READER: My husband and I had a baby as soon as we got married. However, not long after giving birth, my husband was assigned to the countryside, so I became a weekend couple. I was busy on weekdays and weekends because I was raising my child alone and working at a company. That's how I spent five years. But recently, my husband got angry like a fire if I didn't answer the phone quickly. In the end, I took my cell phone and checked it because I thought I had a man. When there was nothing special about the cell phone, he said he had to do forensics. In addition, he said that the five-year-old child may not be his child and that he should conduct a genetic test. We always argued like that on weekends. Then it was one day. I was turning the vacuum cleaner when I heard things fall from behind the couch in the living room. When I revealed the sofa, there was a recorder that pressed the recording button. I felt anxious, so I looked inside the house and found 8 more recorders. Not only that, but I even found the result of taking my underwear and conducting a semen genetic test. I met my husband on the weekend and tried to talk to him. The husband admitted to the recorder and genetic testing, but said he had not yet found evidence, not suspicious. I have never cheated. However, I don't think I can be married to my husband who doubts me like this anymore. Is it possible to get a divorce based on my testimony alone?
◆ Jo In-seop: Lawyer Jo In-seop's counseling center. It was the story of my wife who was thinking of divorcing because of her husband's falsehood. It's very difficult for a spouse with a false positive. It doesn't make sense to say that it's because you love the other person so much when you make him suffer. Lawyer Woo Jin-seo, you've met a lot of people who are thinking of getting divorced because of gastropathy and pseudopathy, right?
◇ Woo Jin-seo: Yes, I think it's not just a feeling of jealousy, but a slightly psychiatric condition that goes beyond that. When I meet these people, they are so emotionally concentrated that the pain is so great that they think of divorce.
◆ Cho In-seop: Yes, you've been a weekend couple. Well, if you're a weekend couple, you get more affectionate. It is said that three generations need to build a virtue to be a weekend couple, but in the case of the sender now, they can't stay together and rather suspect the other person. Isn't it true that the other person often calls to check his or her cell phone or check the other person's future? In a way, can't everyone see it as a medical certificate?
◇ Woo Jin-seo: Yes, there's a process where the other person checks because there's a feeling that you've done something wrong or cheated in the past. As in this case, continuing to call to check your phone even though there are no signs of a precursor symptom seems to be a precursor to a homophobia. In the case of people with a normal mindset, even though they are suspicious, they are suspicious after checking the evidence. As such, people with false or false evidence often seem to be preoccupied with finding evidence, saying that they can't hold doubts even if they look at the evidence and that they haven't found evidence yet.
◆ Cho In-seop: Yes, but I don't think there's much other reason for divorce than for the current story. And I found out about it when you found the recorder, but can I get a divorce if I only have false testimony without any other reason?
◇ Woo Jin-seo: Yes, as I said earlier, it seems that the symptom of pseudoaneurysm and pseudoaneurysm are actually psychotic symptoms that require treatment. In our court, even if there are psychotic symptoms, couples are obligated to work together to treat the disease. It is said that simple psychosis alone is not a reason for divorce, so it is not enough to have a false positive, and if the other party refuses even after offering such treatment in the future, it is possible to see that there are such reasons, and serious reasons that are difficult to maintain trust relationships.
◆ Cho In-seop: I see. However, in the case of suspicion about the spouse's fidelity, that is, suspicion of falsehood, etc., at first, but there are many cases that lead to verbal abuse or assault afterwards, right? There's even been a lot of murders lately. For those of you in this situation, is there any way to do it before then?
◇ Woo Jin-seo: Yes, of course, even if it was the first time for false or false, in the event of domestic violence, etc., they were treated unfairly by the other party. So, you can file for divorce by listening to Article 840-3 of the Civil Code. Even before that domestic violence, as I said at the beginning, you suffer a lot emotionally. And even if you don't respond at all to the other person's advice such as marital counseling, but rather if you refuse to do so, you can claim a divorce by stating that it is a serious reason for not being able to maintain the marriage relationship.
◆ Cho In-seop: Yes, but now, I think it's important to prove the part called pseudoaneurysm and pseudoaneurysm. But there are many cases where third parties don't know well. Also, it is not easy to prove this marital relationship at home because it is a very intimate part. So what should I do to secure evidence of this kind of falsehood, falsehood?
◇ Yes, that's right. Even if you have a falsehood or a falsehood, you are very good at social life. As a result, it is actually an intimate area, so it is difficult to disclose it to the outside from the standpoint of the person who is the person who is the victim. However, it is important to leave all situations as evidence. For example, I get calls too often. If this is the case, leave a call list and when you talk on the phone, the other person will say a lot of suspicious things. I think you can leave a call like this through a recording. If the recorder was found, like this case, you would definitely be talking about it between the couple, so keep a recording of the call or conversation. It would be good to take a picture of the genetic test sheet and leave it as evidence, such as storing it. In addition, let's suggest treatment to the other person and get marital counseling. If you leave evidence of your efforts to maintain this marriage, it will be better for you to proceed with the lawsuit later.
◆ Cho In-seop: It's a bittersweet thing that you leave all these words and actions between a couple as evidence. Also, trials are disadvantaged if there is no evidence, so I think you have no choice but to secure evidence now. According to the story, my husband's symptom of righteous indication seems to have gone too far, such as installing a recorder or testing the genes of his underwear, but from the perspective of the story, I think it would be scary and unpleasant to be with such a husband. Is there a way to hold my husband responsible for his actions while filing for divorce?
◇ Woo Jin-seo: Yes, if you record conversations between others, you will be subject to criminal punishment under the Communications Secret Protection Act. In particular, this case is a situation where the husband does not live during the week and has a recorder at home, and it seems that the purpose of the wife's attempt to record the voice of talking or talking with others is fully recognized. If so, if a conversation with another person is recorded on the recorder, it could be subject to criminal punishment.
◆ Cho In-seop: It means criminal punishment for violating the Communications Secret Protection Act.
◇ Woo Jin-seo: Yes, and I think he did a genetic test for his wife's underwear without her consent. This is a violation of the Bioethics and Safety Act. If you do a genetic test, the genetic testing agency will be the subject of the test, and in this case, the wife. I'm supposed to get written consent from my wife. Since we have not gone through this process, it will be criminal punishment according to the violation of the Bioethics and Safety Act.
◆ Cho In-seop: I see. Then, to summarize the contents of the consultation so far, falsehood or falsehood is a suspicion of the other party's cheating, and in serious cases, it is a reason for divorce in court. In addition, if domestic violence occurs due to false or false positives or if the other party refuses treatment due to severe suspicion, it can be the other party's fault. However, in the case of pseudo or pseudo-negligence, it is difficult to check from the outside, so you have to leave a recording of a call or a photo of evidence. I've even informed you that if your husband records a conversation or performs a genetic test without your knowledge, you can be criminally punished. So far, I've been with Woo Jin-seo, a lawyer at Shinsegae Law Firm.
◇ Woo Jinseo: Thank you.
◆ Cho In-seop: You can listen to the counseling center of Cho In-seop through YouTube. If you have any questions or suggestions, please comment. You can contact Shinsegae-ro, a law firm, separately.
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