Millennium Post

South Korea decriminalises extra-marital sex

South Korea decriminalises extra-marital sex
South Korea’s Constitutional Court on Thursday struck down a controversial adultery law which for more than 60 years had criminalised extra-marital sex and jailed violators for up to two years.

The nine-member bench ruled by seven to two 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.

The decision saw shares in the South Korean firm Unidus Corp., one of the world’s largest condom
manufacturers, soar by the daily limit of 15 percent on the local stock exchange.

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 modernisation has frequently clashed with traditionally conservative norms.

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

Reading the dissenting opinion, Justice Ahn Chang-Ho insisted the 1953 statute was a key protector of family morals, and warned that its abolition would “spark a surge in debauchery.”

Under the 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 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 eight-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. 


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