The Kaohsiung District Court’s Civil Division ordered a caregiver to pay NT$300,000 (US$9,518) to the widow of a man who was under her care for causing emotional suffering to the wife by having an extramarital affair with her husband.
The widow, surnamed Tseng (曾), said she discovered in the diary of her late husband, surnamed Chiang (蔣), who passed away in 2014, that he had an affair with his caregiver, surnamed Lee (李), who is 27 years Chiang’s junior, in 2011 and 2012.
Tseng filed a lawsuit seeking compensation of NT$1 million for pain and suffering, the court ruling said.
The affair, which took place from January to April in 2011 and from March to August in 2012, coincided with Lee’s periods of employment as Chiang’s caregiver, the ruling said.
Lee told the court that no adultery as defined by law took place during those times, because she did not have vaginal intercourse with Chiang, the ruling said.
Lee said that Chiang, who lived alone, concealed that he had an estranged wife at the time and seduced her, the ruling said.
Lee told the court that Tseng is being unreasonable in demanding compensation from her, because Chiang’s diary recorded a total of 41 women with whom he had affairs.
Moreover, Tseng had demonstrated no interest in her husband’s private life since their estrangement in 2005, Lee said.
Lee said that she severed relations with Chiang in August 2012.
Despite knowing about the affair at the time, Tseng made no claims until this year, Lee said, adding that the statute of limitations has expired.
While Lee initially claimed no affair took place and that she was raped by Chiang, a prosecutor dismissed those claims, because it is unreasonable that Lee would continue to work for Chiang after the alleged rape, the ruling said.
Lee admitted to accepting a cash gift of NT$13.96 million from Chiang, and although Chiang later accused her of theft, his diary supports that they were parties to an extramarital affair that took place in 2011 and 2012, the ruling said.
The ruling can be appealed.
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