Atlas Legal successfully represented a client who had been unable to receive custody of her child for over a year despite a final court judgment, securing periodic consolation damages (KRW 500,000/month) that prompted the opposing party to voluntarily comply the day after judgment.
Case Overview
Our client was designated as the parental authority holder and custodian of her child in divorce proceedings, with a judgment ordering the former spouse to hand over the child finalized in October 2023. However, the opposing party refused to comply for over a year, leaving our client completely unable to see her child.
Indirect Enforcement Procedures
Atlas Legal systematically utilized all indirect enforcement measures under the Family Litigation Act. We obtained a compliance order (November 2023), secured the maximum statutory fine of KRW 10 million (April 2024), and filed for contempt detention (July 2024). Despite these measures, the opposing party continued to refuse child handover.
Parallel Consolation Damages Strategy
Recognizing the limitations of indirect enforcement alone, we filed a parallel claim for consolation damages under Article 750 of the Civil Act. We argued that preventing the custodial parent from exercising legitimate parental and custody rights constituted a tort, and sought both lump-sum and periodic consolation damages.
Judgment Results
The court awarded KRW 15 million in lump-sum damages to our client and KRW 5 million to the child. Critically, the court recognized periodic consolation damages of KRW 500,000 per month until child handover. This structure creates cumulative financial pressure during continued non-compliance, functioning similarly to indirect enforcement.
Voluntary Compliance Achieved
The day after the consolation damages judgment was pronounced, the opposing party expressed willingness to voluntarily comply with the child handover obligation. Our client received custody of her child after over a year, and the contempt detention application was withdrawn. The periodic damages proved to be the decisive factor in securing compliance.
Atlas Legal’s Expertise
Atlas Legal supports clients in complex family matters including child custody enforcement, custody disputes, and visitation rights through a comprehensive, multi-layered approach combining compliance orders, fines, contempt detention, direct enforcement, and parallel consolation damages litigation.