[Smiling] "Only the liability has grown"... What is the possibility of Hong Sang-soo, who has "out-of-marriage," re-litigation for divorce?

□ Broadcast date and time: 17 January 2025 (Fri)
□ Host: Attorney Jo In-seop, Attorney Kim Mi-ru, Attorney Park Kyung-nae

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

- Out-of-wedlock, possible birth registration as Kim Min-hee's child...Hong Sang-soo can qualify as a 父 through the recognition process
- Family Register Theorem? Family relationship can be registered as 'Hong Sang-soo's dad-Kim Min-hee'
- Mrs. Hong Sang-soo can file a lawsuit for damages against Kim Min-hee
- An extramarital person to be born and Hong Sang-soo's property can be inherited
- Hong Sang-soo's divorce lawsuit? I'm more responsible compared to 2019.It's not easy
- Many alimony is recognized when Mrs. A, Hong Sang-soo's wife, files for divorce
- Mrs. Hong Sang-soo recognizes the ratio of 1.5 when dividing property
- The possibility of inheritance of only a smaller amount by Mrs. A according to Hong's intention

◆ Jo In-seop: It was reported that actor Kim Min-hee is pregnant with director Hong Sang-soo's child. Let's talk about the details in the chat room. Today, we will point out the main issues with lawyer Kim Mi-ru and lawyer Park Kyung-rae. Hello

◇ Park Kyung-nae/Kim Mi-ru: Hello.

◆ Cho In-seop: Yes, as soon as the related news broke, a lot of articles came out. Articles with various titles such as "Kim Min-hee Pregnant, Hong Sang-soo Becomes a Father at 64," and "Kim Min-hee, an Irregular, has a child at 64." How was it to hear from you two?

◇ Kim Mi-ru: I think it was so-called shock and fear.

□ Park Kyung-nae: I was really surprised, too. And now that it was an article, I looked for it to see if it was true, but it seems to be true because it was an online article, that is, a media company.

◆ Cho In-seop: I think it's highly credible. Since we are a divorce-related program, let's first deal with detailed legal issues. First of all, Kim Min-hee is going to be a pregnant child. To tell you the conclusion, she's going to be out of wedlock, right?

□ [Voiceover] Yes, that's right. Since Kim Min-hee and Hong Sung-soo are not currently legally married, the child who gave birth between them is no longer a child who gave birth within the marriage. Perhaps she will register her birth as the child of her mother, Kim Min-hee, and after that, it seems that Hong Sang-soo can become a father through the recognition process.

◆ [Jo In-seop] Yes, I see. There was actually a similar case last year. Moon Ga-bi became an issue when it became known that she gave birth to actor Jung Woo-sung's child. Isn't there a difference compared to then?

◇ Kim Mi-ru: Yes, in the case of Moon Ga-bi and Jung Woo-sung, both of them are single, and anyway, out of wedlock came out. In the case of Hong Sang-soo and Kim Min-hee, since Hong Sang-soo already has a legal spouse, this seems to be a mixture of liability, various alimony, and various issues.

◆ Cho In-seop: I see. Then, is there a possibility that director Hong Sang-soo's wife will file a lawsuit against Kim Min-hee for damages again?

◇ Kim Mi-ru: Yes, that's right.

◆ Jo In-seop: Then I think we need to find out who the mother is right now. There are now reports that she is 6 months pregnant. If we talk on the premise that this is right, the father and Hong Sang-soo's mother will be Kim Min-hee.

□ Park Kyung-nae: In the past, before the Australian system was abolished, in order to register the father's family register, the father registered his birth, and then the child was registered as if he were the child between Hong Sang-soo and his legal spouse. Now that the Australian system has been abolished and she operates a family relations register, Kim Min-hee can register her child's birth under her even if she is not married, and if her father, Hong Sang-soo, recognizes it, she can register her father's family relationship.

◆ Cho In-seop: Yes, then what happens if you take off the family relationship certificate?

□ Park Kyung-nae: If you take off the family relationship certificate of four children, now the mother is registered as Kim Min-hee and the father is registered as Hong Sang-soo. In Hong Sang-soo's family relations register, the spouse will now appear as a legal spouse, but it will be registered as a child.

◆ Cho In-seop: I see. Then, will this extramarital person inherit director Hong's property like Jung Woo-sung's case?

◇ Kim Mi-ru: Yes, that's right. Since your child's extramarital child is also a child anyway, if we are a direct descendant according to the order of inheritance under Article 1 of the Civil Code, we will naturally inherit it now because we become heirs.

◆ Cho In-seop: Yes, from what we heard in the press, there is a story that director Hong Sang-soo's mother inherited a considerable fortune. It's a guess and I'm not sure, but then if it was inherited by director Hong Sang-soo, does that mean that the out-of-wedlock child also has the right to inherit?

□ [Voiceover] Yes, that's right.

◆ [Jo In-seop] Yes, I see. Then, I think it is necessary to look at the divorce situation following the extramarital problem. What is the current situation of director Hong and his wife A?

□ Park Kyung-nae: Hong Sang-soo filed for divorce after his mother's death in the past, but it has now been settled as a loss around 2019, and it has been concluded that Hong Sang-soo will bear the full cost of the lawsuit.

◆ Cho In-seop: Yes, what was the decisive reason for losing in 2019?

□ Park Kyung-nae: Now, there was a reason for fault, and because Hong Sang-soo was the spouse of fault, the divorce claim was rejected because the right to divorce was not recognized.

◆ Cho In-seop: Yes, I'm saying that the divorce request was dismissed because he was a liable spouse due to cheating with Kim Min-hee. But I think there will be an extramarital person now. I'm pregnant now, but I think I'll be born soon. Then, is there a possibility that it will be accepted if I file for divorce again in this situation?

◇ Kim Mi-ru: In fact, our court still adopts the principle of liability, so obviously, I think it's still a little difficult for our people's feelings to give birth not only to infidel facts but also to out-of-wedlock children.

◆ Cho In-seop: Yes, the Supreme Court confirmed the principle of liability, but recently, the Supreme Court has eased the principle of liability a lot, so isn't there a tendency to expand a lot of the exceptional reasons for the principle of liability? That tends to be the case, but is there any possibility that it will be recognized in light of the current Supreme Court precedent? First, let's introduce some Supreme Court precedents.

□ Park Kyung-nae: In the case of the Supreme Court, even if the other spouse is a liable spouse, the other spouse is not willing to continue the marriage and is protected and considered to offset the liability, or if the liability is largely diluted over the years, the liable spouse also has the right to claim divorce. However, if you look at this case, it seems that A is willing to continue his marriage, given that he has interviewed Internet media companies in the past.

◆ Cho In-seop: An interview with director Hong's legal wife, Mr. A.

□ Park Kyung-nae: Yes, and it's been a long time since the two Hong Sang-soo and A have already separated, so it will be a bit of a question whether Hong Sang-soo has been protecting and caring for the spouse to the extent that he has offset the liability, and whether the liability has been diluted. If you don't live together and don't even have the obligation to support, it seems difficult to say that there was protection and consideration. Recently, if pregnancy is true, I think there is a side that has been strengthened rather than diluted.

◆ Cho In-seop: But I think we've been separated for almost 10 years. And there are no underage children between director Hong and his headquarters. If so, wouldn't it be possible to file for divorce even if you were a liable spouse?

◇ Kim Mi-ru: Oh, of course, it's been about 10 years since the separation and it's a very advantageous situation to not have a minor child, but the reason why we don't allow the divorce of the spouse with fault in our case is to prevent the consequences contrary to the morality required by the marriage system and contrary to the 'principle of good faith'. So, if there is no responsibility left to reject divorce claims in light of the ideals pursued by such a marriage system and the "principle of good faith," then divorce claims can be allowed because there is no fear of penalizing marriage and family systems and it is no longer against social morality or ethics, but I think it will still be a little difficult in this case.

◆ Cho In-seop: So how would the current situation be accepted from the perspective of Hong Sang-soo's wife, A?

□ Park Kyung-nae: It would have been quite a shock for my husband to leave the house now that he has another woman, but

◆ Jo In-seop : Also until pregnancy

□ Park Kyung-nae: I think it would be quite shocking and hurtful to have a child with another woman.

◆ Cho In-seop: So is there a high possibility that Mrs. A will just keep the current situation as it is? In fact, we've filed a lot of lawsuits for the divorce of a spouse with fault, and there are many cases where there have been separations for a long time. Is there a possibility that the parties' feelings will change a little in this case?

◇ Kim Mi-ru: Originally in 2019, when I filed for divorce, I think it would be a little important to see what kind of efforts director Hong Sang-soo's spouse made to restore the marriage. If you look at the issues that have been revealed a lot so far, I think you might have to end it emotionally, but this is my personal opinion. I think it's actually a little hard.

◆ Jo In-seop: Yes, in addition to the Jung Woo-sung-Mungabi issue, the out-of-wedlock issue, including Hong Sang-soo and Kim Min-hee's case, seems to be growing into a social issue in our society. What will happen to Hong Sangsoo and Kim Minhee's couple? To predict, I think director Hong Sang-soo will file for divorce.

◇ Kim Mi-ru: Yes, when your child is born, there are parts that you have to do for your child, and I think that the child will definitely come to a conclusion before entering elementary school.

□ Park Kyung-nae: And if his wife A has a child and is a husband like this, he can't maintain his family anymore. I thought about this, so I thought there would be a little possibility that you would make up your mind and file a divorce claim against Hong Sang-soo.

◆ Cho In-seop: In that case, alimony will now be recognized a lot.

◇ Kim Mi-ru: I think it's going to be recognized. I think it can be recognized in large part because there is a precedent that has recently been paid several billion won.

◆ Cho In-seop: Wouldn't the division of your property be recognized in large part?

◇ Kim Mi-ru: Yes, if there is a property that director Hong Sang-soo has built, I think that a large part of it will be distributed to my wife.

◆ Cho In-seop: So from your wife's point of view, you can actually get a split of your property when you divorce, and if you say you're not getting divorced, you're going to inherit it as a legal wife anyway. Yes, but there is also an extramarital relationship with Kim Min-hee, so under the premise that Mrs. A will not divorce, Mrs. A and Director Hong have a child. And what will happen to the property inheritance rate then if there is an extramarital child?

◇ Kim Mi-ru: Basically, the spouse is 1.5 and the children are 1,1, so

◆ Cho In-seop: Yes, then the wife A can receive about three-seventh of Hong's property.

◇ Kim Mi-ru: Of course, that's possible, but I think it's a matter of thinking about whether the legal inheritance is necessarily like that because you have to consider a lot of things when inheriting.

◆ Cho In-seop: So he said Hong could leave a will that he could give his entire fortune to Kim Min-hee and the out-of-wedlock. In that case, how can your wife A be legally protected?

□ Park Kyung-nae: It seems that you can claim the legal inheritance, but in the case of legal inheritance, only 50% of the legal inheritance can be recognized, so it seems that you will inherit only a considerably smaller amount than the inheritance.

◆ Cho In-seop: Yes, so the inheritance was three-seventh, one-half, three-seventh, and one-fourth,

□ [Park Kyung-nae] It's drastically decreasing. Yes, that’s right.

◆ Jo In-seop: Today, we covered various legal issues related to the news of actress Kim Min-hee's pregnancy. Lawyer Kim Mi-woo and lawyer Park Kyung-rae, thank you. Thank you.