When considered together, it means fault. If the injured party is at fault for the damage resulting from the wrongful act, this is accepted as a reason for reducing the compensation.
The party with less fault may claim material compensation from the party with more fault. Being at fault does not create a negative situation. However, when the judge determines the amount of compensation, if there is joint fault, the amount of compensation will be reduced if the plaintiff’s spouse is slightly at fault.
The party whose personal rights have been harmed due to events leading to divorce may request moral compensation from the party at fault and demand that an appropriate amount of money be paid. To receive moral damages, the defendant must be at fault, and the plaintiff must be free from fault or less at fault. If there is mutual fault, the judge will take this into account and decide to award less compensation when determining moral damages.
In moral damages, it must be determined whether the plaintiff’s personal rights have been harmed. However, there is no requirement for serious harm to personal rights. Moral damages are paid by the judge to the person whose personal rights have been harmed, but the judge may also decide to award moral damages in cases other than divorce cases, such as in cases involving the writing of a letter of apology; however, in divorce cases, moral damages can only be paid in cash. The judge determines the appropriate amount of moral damages, but cannot decide to pay an amount that would make the other person wealthy.