"I'm Younger and Fitter Than Your Husband, Get a Divorce"... Suspicious Messages Between Wife and Fitness Trainer

Adultery Can Be Recognized Based on Circumstantial Evidence Alone
Conversations Can Also Be Accepted as Evidence

If there is enough circumstantial evidence to suspect a spouse's infidelity but no decisive proof, can legal responsibility still be pursued? A man who discovered signs that his wife was engaging in inappropriate behavior with her fitness trainer sought legal advice about holding the trainer accountable.

On May 11, the story of Mr. A, a husband entering his third year of marriage with his much younger wife, was featured on YTN Radio's "Attorney Inseop Cho's Counseling Center." According to the account, Mr. A and his wife signed up for personal training at a local gym one year ago.

Mr. A explained, "At first, we attended classes together. But once I got the hang of things, I started working out on my own, while my wife continued to receive personal training sessions alone after work."

Recently, Mr. A began to sense an unusual closeness between his wife and the young trainer. He reviewed his wife's card transaction history and noticed multiple purchases of protein supplements and sports gear.

Mr. A said, "It definitely seemed like she was giving gifts to the trainer. What was even more suspicious was that on days my wife didn't check into the gym, I checked and found that every one of those days coincided with the trainer's days off. On those days, my wife was using her card in out-of-town locations, not at the gym."

While his wife was asleep, Mr. A checked her phone and confirmed that she had been in contact with the trainer. When his wife expressed concern that their relationship might have been discovered, the trainer responded, "Get a divorce, I can treat you better. Honestly, I'm younger and in better shape than your husband."

Mr. A insisted, "There may not be direct evidence, but it is clear my wife is cheating." He expressed his wish to hold the trainer responsible, adding, "I'm about to go on a business trip, and I'm worried my wife might invite the trainer to our home. I want to know if it's legal to install CCTV in the house."

In response, attorney Lee Junheon of Shinsegye Law Firm explained, "It is possible to pursue responsibility against the trainer without divorcing your wife, but the amount of compensation for damages may be lower compared to if you get a divorce. Compensation is determined based on the relationship between the parties and their attitudes after the infidelity is discovered." He added, "It is advantageous that Mr. A knew the trainer personally, that the trainer pressured for divorce after being caught, and that the trainer insulted Mr. A in their conversations."

Attorney Lee continued, "Even without direct evidence, the court can recognize infidelity. The content of the conversations can serve as evidence of the affair. You can also file to preserve CCTV footage from the gym building to secure additional evidence." However, he cautioned, "Installing CCTV or location trackers may violate the Location Information Act and result in criminal charges. Causing a disturbance at the gym could also constitute defamation or obstruction of business."