Short answer. They are two exits from the same procedure. Mediation ends with an agreement entered in the court record, which has the same effect as a settlement in court, and nobody has to prove a ground. A contested divorce ends with a judgment, and the court has to be satisfied that a statutory ground exists. Because Article 50 puts mediation first, almost every judicial divorce passes through the mediation stage before it can become a contested one.
What has to be proved
In mediation, nothing has to be proved. The parties settle the terms and the record fixes them.
In a contested divorce the court decides, and the person bringing the suit has to establish a ground. That is the practical reason most cases settle: proving conduct is harder, slower and more exposing than agreeing terms.
Family Litigation Act, Articles 50 and 59. Act No. 20432, in force from 1 January 2026.
Who controls the outcome
Mediation lets the parties write the financial and parenting terms themselves, within the limits of what they can dispose of. A judgment is written by the court, and it will not necessarily give either side the structure they wanted even if it gives them the result.
Mediation is also private in a way a contested hearing is not, which matters to people whose employer, visa sponsor or family would otherwise learn the details.
What this answer does not cover
This is about the difference between the two routes, not about how long either takes. The timing question, including the cooling-off period that applies to divorce by agreement, is answered separately.
What to do
- Go into the mediation stage with your financial position documented, not just described.
- Decide in advance which terms you will not trade, and which you will.
- If the case is going to be contested, start collecting evidence before the mediation date, not after it fails.
- Remember the file, including the mediation opinion, follows the case to the judge.
Related
Do I have to go through mediation before a contested divorce in Korea?
What happens if divorce mediation fails in Korea?
How long does a divorce take in Korea?
Does Korea have no-fault divorce?
Divorce and family law answers
All Korean law answers
Full guide: Divorce in Korea for foreigners
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Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.
Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 13 September 2026.