1. A (male, 45) and B (female, 45) are a dual-income couple working at the same company and live with their daughter C (20) and son D (17). Worn out by A's long affair and domestic violence, B wants a divorce by agreement, and if A refuses, a judicial divorce. Briefly describe the methods and procedures B must follow to divorce A lawfully.

Answer: The lawful ways for B to divorce A are divorce by agreement and judicial divorce.

To divorce A lawfully, B must follow a procedure. Divorce by agreement is the way a couple divorces by mutual consent when they cannot get along. The couple applies to the court for confirmation of their intent to divorce by agreement, both appear on the designated date to have that intent confirmed, and the marriage ends and the divorce is completed when the stamped confirmation is reported to the administrative office under the Act on the Registration of Family Relationships. Once the divorce is completed, the marital relationship is dissolved, the rights and duties between spouses premised on marriage end for the future, and the in-law relationships with the spouse's relatives also end.

Divorce by agreement means divorce by mutual agreement of both spouses without a trial (Civil Act Article 834). First, there must be a genuine meeting of minds to divorce, whatever the reason. Second, both spouses must have mental capacity, so an adult under guardianship may divorce with the consent of a parent or guardian as long as he or she has capacity (Articles 808(2) and 835). A minor who has married is deemed an adult (Article 826-2) and may divorce without parental consent. Third, both spouses must receive guidance on divorce from the family court (Article 836-2(1)). Fourth, after the guidance and before confirmation of intent, they must go through a cooling-off period (Article 836-2(2)), which is three months if they have children and one month if not, but it may be shortened or waived where urgent circumstances such as domestic violence are expected (Article 836-2(3)). Fifth, spouses with children to raise decide by agreement who will raise them, who will bear child support, and whether and how visitation rights will be exercised (Article 837(1) and (2)). They must submit to the family court an agreement on parental authority and custody or a copy of the court's ruling (Article 836-2(4)). If they agree on child support, the family court must prepare a child support record confirming it (Article 836-2(5)), which has the force of an enforceable title (Family Litigation Act Article 41). If they cannot agree on parental authority and custody, the family court may decide on its own authority (Articles 837(4) and 909(4)).

In a judicial divorce, a judge confirms the intent to divorce and decides on the divorce in court. The Civil Act recognizes freedom of divorce along with freedom of marriage (Article 834). The law provides for state involvement in divorce, but that involvement is limited to the passive judicial functions of confirming whether there is an intent to divorce and whether grounds for divorce exist.

Note: In question 2, because the children A and F are alive, the grandchildren C, D and H are not heirs; the heirs are A and F, plus J and K, who inherit by representation in place of the predeceased son I. As I's spouse, J receives a share increased by half, so the 450 million won estate is split 150 million won each to A and F, 90 million won to J and 60 million won to K. Failing to comply with a remedy order for unfair dismissal in question 4 leads to a non-compliance charge of up to 30 million won, not a fine, and since May 19, 2022 a victim of workplace sexual harassment can ask a Labor Relations Commission to correct an employer's failure to take protective measures.