Annulments have been nearly impossible to obtain in Korea when parties have voluntarily married, and the marriage was properly registered. However, Korean courts have recently been willing to entertain colorful arguments in some cases. An annulment in South Korea voids the marriage and, thus, the marriage is invalid from the start. Thus, there is no division of marital property.
Recently, a young married couple obtained an annulment in Korea based on some interesting facts. The couple lived together with the sister of the husband prior to marriage. They were living, according to the couple, just as friends. Thus, the couple was not having sexual relations.
The employer of the male asked about his marital status, and he advised the employer that he was single. The company discovered that he was living with a woman. Employees of the company were not amused and requested that he clarify the situation. The man, then, fearing for his job, requested the woman to marry him. They married. The woman claimed they she only married because she felt bad for the man.
The case is interesting since it doesn’t rest on whether the marriage was voluntary, but focuses on the intent of the marriage. The Korean court opined that: “The marriage was a hoax with the only intention being him not getting fired.” Seemingly, at least one court in Korea will accept that if someone’s purpose of marriage was not simply to marry, but for other reasons, a marriage may be annulled.
This case, coupled with the Korean Supreme Court’s recent relaxation of a long-standing limitation on annulment claims being annument as an option in some cases. In May 2024, the Supreme Court of Korea ruled that even divorced couples can seek nullity of their marriage under certain circumstances. This case overturning a precedent from 1984, which held that there was “no interest” in nullifying a marriage after divorce. The Court recognized that confirming nullity may remain important for resolving lingering legal relations, property issues, or correcting records.