Why is it difficult for Yulhee (former LABOUM) to obtain custody from Choi Min-Hwan (FTISLAND)... What is the ”principle of continuity”?

The legal outlook in relation to the readjustment of the child support rights of Yulhee from ‘LABOUM’ and Choi Min-Hwan from ‘FTISLAND’ has emerged.

On the 11th November, YTN Radio's ‘Lawyer Cho In Sop's Counselling Room’ dealt with Min-Hwan and Yulhee's property division and adjustment of child support rights. The two are known to have gone through a divorce last year, but Yulhee recently applied for a change of custody and adjustment of alimony and property division claims after she exposed Min-Hwan's alleged sex trafficking and visits to brothels during their marriage.

On the same day, lawyer Kim So-young explained that the Civil Code stipulates that even if the custody and carer of the children were decided at the time of divorce, they can be changed if necessary for the welfare of the children. In addition to this, property division can also be claimed within two years from the date of divorce, but in the case of Yulhee and Min-Hwan, Min-Hwan was to have custody and childcare rights at the time of their divorce and Yulhee verbally agreed not to pay child support.

Lawyer Kim said, "If it was clearly a verbal agreement to give 0 won for property division, I think it would be disadvantageous. It seems that it might not be possible to change it" and explained that “child support is for the welfare of the child, so if there is a reason, the agreement can be changed even if it was agreed.”

What is the likelihood of a readjustment of child support rights? Lawyer Kim said, "I think it is difficult to determine the outcome because there is a tendency to continuously maintain the child-rearing environment, whether the child is being raised properly in the current situation or not."

Lawyer Cho said, "There was also an article that said there was a possibility of changing the parental rights of the child", but added, "From the perspective of a professional lawyer, the paternal side had already decided on the parental rights of the child when the divorce was finalised. The court will also consider the parent's will to support the child to be important. Therefore, I think it is a little disadvantageous for Yulhee to have given up when they had the divorce" and that "What I also think is important when the court decides who has custody and care of the children is whether they can continue to maintain a nurturing environment for the children. In legal terms, it is called the principle of continuity."

He continued "It seems that the children have lived in Min-Hwan's parents’ home for a long time. His mother is still taking care of the children as an assistant carer. In addition, their financial capacity seems to be living in one way or another without any particular problems, and I have a feeling that a custody and childcare adjustment might not be easy in the current situation as I see it."

As for the ‘will of the children’, she said it is difficult to reflect this as they are pre-schoolers. However, the allegations of sex trafficking may have an impact on the proceedings to request a change of custody and childcare rights. Lawyer Kim said, "If they are actually punished, it could have an impact on the child support rights because it is related to sex trafficking. Because it is related to the well-being of the child," he added. Lawyer Cho said, "This part of the case is in Yulhee's favour. However, it is difficult to see that the custody of the child is completely determined by sex trafficking alone, and it seems that the situation will have to be monitored."