[123RF]
[123RF]

A woman has shared her story of deciding to seek a divorce after her husband, a university professor, assaulted their high school-age daughter and was reported to police. The daughter said she could no longer live with her father, but the husband refused to grant a divorce — prompting the wife to ask whether she could obtain one anyway.

According to YTN Radio's legal advice program "Jo In-seop Attorney's Consultation," which aired Monday, the wife — identified only as A — has been married to the professor and raising their daughter together.

A said her husband is regarded by colleagues and students as a gentlemanly, upstanding person, and that he has been consistently warm and affectionate toward her both during their courtship and throughout their marriage.

However, he was particularly strict with their daughter.

"Whenever the child fell short of his expectations, he would discipline her harshly — sometimes resorting to physical punishment," A said. "After our daughter entered adolescence, clashes between the two became more frequent, and eventually a violent incident occurred."

The trigger was the daughter coming home slightly late. The husband raised his hand to strike her, and she grabbed his arm to stop him.

"My husband lost control in that moment and beat the child mercilessly with his hands and feet," A said. "I screamed and tried to intervene, but I was powerless to stop it."

The daughter fled the house and filed a report at a police station. The husband is currently under investigation on charges of child abuse and domestic violence.

"My heart is breaking at the thought that I failed to protect my child while she was being hurt like that," A said. She added that her daughter had told her: "I can no longer live with Dad. If you don't divorce him, I'll cut ties with you too." A said she sought legal advice after hearing those words.

A said she confronted her husband and demanded a divorce, but he flatly refused, saying he would "absolutely not" agree to one.

She asked what options she had if her husband continued to refuse.

On this, attorney Ryu Hyeon-ju of Shinsegae Law said that while domestic violence against a child is not explicitly listed as a ground for divorce, it can qualify as a judicial ground depending on the specific circumstances.

Such violence could fall under Article 840, Clause 6 of the Civil Act — the catch-all provision covering "other grave reasons that make it difficult to continue the marriage," Ryu said.

Ryu said the husband's physical punishment of the daughter appeared serious enough to warrant criminal punishment, and that because the abuse had continued for years and likely caused significant conflict between the couple, a court could find grave grounds to end the marriage — even if the husband never directly assaulted his wife.

Ryu also stressed that the daughter, as the victim of the assault, should undergo psychological evaluation and counseling. "Whether the daughter can forgive and accept her father will ultimately be the most important factor," he said.

On the question of whether A could demand that her husband cover their daughter's university tuition and living expenses after a divorce, Ryu advised that the only legally recognized form of post-divorce financial support for a child is child support.

That said, future support considerations could be factored into the property division process, or the parties could reach an agreement during divorce mediation to have the husband cover university tuition and other expenses, Ryu said.


yeonjoo7@heraldcorp.com