South Korea decriminalises adultery

[rockerista03.livejournal.com]

SEOUL, South Korea (2nd UPDATE) – South Korea's Constitutional Court on Thursday, February 26, struck down a controversial adultery law which for more than 60 years had criminalized extra-marital sex and jailed violators for up to two years.

The 9-member bench ruled by 7 to 2 that the 1953 statute aimed at protecting traditional family values was unconstitutional.

"Even if adultery should be condemned as immoral, state power should not intervene in individuals' private lives," said presiding justice Park Han-Chul.

It was the fifth time the apex court had considered the constitutional legality of the legislation which had made South Korea one of the few non-Muslim countries to regard marital infidelity as a criminal act.

In the past six years, close to 5,500 people have been formerly arraigned on adultery charges – including nearly 900 in 2014.

But the numbers had been falling, with cases that ended in prison terms increasingly rare.

Whereas 216 people were jailed under the law in 2004, that figure had dropped to 42 by 2008, and since then only 22 have found themselves behind bars, according to figures from the state prosecution office.

The downward trend was partly a reflection of changing societal trends in a country where rapid modernization has frequently clashed with traditionally conservative norms.

Public views 'have changed'

"Public conceptions of individuals' rights in their sexual lives have undergone changes," Park said, as he delivered the court's decision.

Under the 1953 law, adultery could only be prosecuted on complaint from an injured party, and any case was closed immediately if the plaintiff dropped the charge – a common occurrence that often involved a financial settlement.

The law was grounded in a belief that adultery challenged the social order and damaged families, but critics insisted it was outdated and represented state overreach into people's private lives.

The debate over its future had simmered away for years, bubbling over from time to time especially if a public figure fell foul of the statute.

Such was the case in 2008 when one of the country's best-known actresses, Ok So-Ri, was given an 8-month suspended sentence for having an adulterous affair.

At that time, Ok unsuccessfully petitioned the Constitutional Court, arguing that the law amounted to a violation of her human rights in the name of revenge.

The court had previously deliberated the issue in 1990, 1993 and 2001, but those moves to strike down the law had failed to gain the support of the six judges required.

Ok's 2008 petition had come close with five judges deeming the statute unconstitutional.

Improving gender equality

The law was originally designed to protect the rights of women at a time when marriage afforded them few legal rights, with most having no independent income and divorce carrying enormous social stigma.

But even socially conservative civic groups who had supported the legislation in the past acknowledged that times had changed.

"Adultery must be censured morally and socially, but such a law is inappropriate in a modern society," said Ko Seon-Ju, an activist with the Seoul-based civic group Healthy Families.

"It used to be an effective legal tool to protect female rights, but equal rights legislation has improved," Ko said.

"Adultery is an issue that should be dealt with through dialogue between the partners, not by law," she added.

While the adultery law may have been ruled out of existence, social disapproval of marital infidelity remains potent.

In April last year, South Korea blocked the newly launched Korean version of the global adultery hook-up site Ashley Madison, saying it threatened family values.

Source: Rappler

Apparently, condom stocks are also going up right now in SK.

Comments

[phililen3.livejournal.com]

It's about trust between or among the people involved. If someone fucks up, you divorce them, get some serious alimony and move on to a less poisonous relationship. The whole criminalization thing is a waste of resources, imho...

But there really should be a way to warn people of cheaters... they should have 'dog' tattooed on their foreheads or something. I hate people who cheat. Being able to trust someone is so important in a relationship. If you can't trust someone, then the relationship is just toxic.

[zeysech.livejournal.com]

I think the issue is that, now that it's decriminalized, people might not be able to get the settlements/alimony they deserve.

[modestgoddess79.livejournal.com]

Were they not using condoms before, cause I doubt there will be a sudden surge in cheating just because of this law change, it was rarely enforced and prostitution is rampant

[myrrhcat.livejournal.com]

i think the implication is that people who are having affairs will need more condoms in the short-term, to celebrate this new law change, lol.

[keki7.livejournal.com]

So when I'm weak and feeling neglected I can cheat on Jjong with Chen and I won't go to jail for it. Good to know.

[bauci.livejournal.com]

With the example they brought up I'm curious what's the gender percentage of people convicted is, especially after 1990's when women started to get more equal opportunities and SK's modernization took off.

[ashiva.livejournal.com]

This law was always a joke considering how insanely common it's for married men to visit a prostitute in South Korea.

[lilykt7.livejournal.com]

At first I was like that's kind of a ridiculous law. But then I thought of people giving their spouses sexually transmitted diseases they picked up from affairs and that got me mad. Like I wish there was a way to punish THOSE people. But yeah I don't every situation that involves calls for such drastic intervention.

[lilykt7.livejournal.com]

Typing on my phone. What are words. I meant to say not every situation involving affairs calls for jail time.

[petecarl.livejournal.com]

idk about S.Korea, but in the US, there have been cases of people being prosecuted for knowingly transmitting a sexual disease w/out warning their partner beforehand that they had one.

http://www.criminaldefenselawyer.com/resources/transmitting-std-criminal-laws-penalties.htm

[lilykt7.livejournal.com]

Ugh omggggg http://m.nydailynews.com/archives/news/suffer-hiv-teen-upstate-girl-14-seducer-infected-article-1.779352#bmb=1 it's a scary world out there. People just need to be so so careful. It should definitely be a criminal offense to transmit sexual diseases knowingly. If it happens when your SO cheats and doesn't realize they caught something tho. They probably can't be charged.

That's when you kill them.


Jk. But actually.

[petecarl.livejournal.com]

yeah, if someone ever gave me an std, they'd regret it, especially if it was from cheating.

[tempestdance.livejournal.com]

the problem with the adultery law was that its creation actually targeted only women - a year later they changed it to charge against both gender, but even then because so many women were dependent on men to survive (economically) that they couldn't claim it lest they get a divorce.

the law still exists in a sense that you claim it during the a divorce lawsuit - if anything this is better because the punishment through civil case will be heavier now that this won't be discussed through criminal suit.

[asth77.livejournal.com]

YAS. Considering the bias toward women. It so reminds me of that movie with Lee Min ki and Kim Hye Soo, "A Good Day To Have An Affair" as well as this actress Ok So-Ri who got charged with adultery and called out the law, wasn't her husband visiting prostitutes and all? The nerve of the dude who charged his wife but is openly cheating on her... That's the reality of this law, isn't it?
Anyway. It's an amazing decision.

[petecarl.livejournal.com]

Good, the govt. needs to stay out of the bedroom unless abuse is happening.

[pinoaisai.livejournal.com]

i find it funny how s. korea claim they're so technologically advanced etc. yet they're in middle ages with everything else

[ultraflyy23.livejournal.com]

they're not claiming to be technologically advanced, they are technologically advanced

[yakuniku-8.livejournal.com]

Not every country is supposed to develop the same way. It's not because they are advanced regarding technologies that they need to have the same social standards than in Europe. And to be fair it's not necessary to go back as far as Middle age to find similar situations regarding women rights here.

[angela-derp-otp.livejournal.com]

Good, because this law was basically prosecuting women only and men were left off the hook.

[dot-rose.livejournal.com]

Yay, a few steps forward to the modern world for South Korea.

[doren-e.livejournal.com]

wait what
i don't understand, everyone is agreeing that is the right thing to do wha t

[agoongprincess.livejournal.com]

that's because this law was useless and only prosecuted women. example the actress ok so ri, who's husband was a cheater and frequently visited prostitution house.

prostitution is big in south korea and men are always cheating on their wives yet only women are going to court for having affairs. it was an outdated law

[senshicalico.livejournal.com]

Yeah that and tbh this is just such a personal issue. Grounds for divorce? Absolutely if the one cheated on feels so. But criminalizing it? That's such a waste of resources. Plus not every marriage is monogamous (even in Korea, lol.)

[doren-e.livejournal.com]

Ohhhhhhhhhhhhhhhhhhhhhhhhhhh. I see. Did not know that. D: