Adultery in South Korea

 Adultery law used to exact revenge by spouses



28th November
2008
  

Update: Spousal Vengeance Laws...

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Adultery is still a criminal offence in South Korea

South Korean prosecutors have demanded an 18-month jail term for a popular actress who admitted breaking the country's strict laws on adultery.

Ok So-ri had sought to overturn the 50-year old legislation, which carries a maximum jail sentence of two years.

She said it was an infringement of human rights and amounted to revenge.

But in October the constitutional court ruled for the fourth time that adultery must remain a crime, saying it was damaging to social order.

Ms Ok has admitted having an affair with a well-known pop singer and her husband, Park Chul, is said to be seeking a severe sentence.

Ms Ok's lawyers have said the legislation has degenerated into a means of revenge by the spouse, rather than a means of saving a marriage.

The Korean Times says that in the past three years about 1,200 people have been indicted annually for adultery, but very few have been jailed. The case has created a sensation in South Korea, say correspondents, where many have denounced what they see as an archaic law.

 

20th December
2008
  

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Adultery is still a criminal offence in South Korea

One of South Korea's best-known actresses, Ok So-ri, has been given a suspended prison sentence of eight months for adultery.

She admitted the offence and the court suspended the sentence for two years.

The trial took place after Ms Ok failed to get the constitutional court to overturn the strict law that makes adultery a criminal offence. In her petition she said the law was an infringement of human rights and amounted to revenge.

The law has been challenged four times, but the country's top judges have always ruled that adultery is damaging to social order, and the offence should therefore remain a crime.

South Korea is one of the few remaining non-Muslim countries where adultery remains a criminal offence. A person found guilty of adultery can be jailed for up to two years. More than 1,000 people are charged each year, although, as in this case, very few are actually sent to jail.

Its opponents claim the law is often abused as a means of revenge or securing greater financial divorce settlements; and say in reality those who suffer under the law are most often women

In this case, Ms Ok was sued by her former husband, Park Chul. She admitted having an affair with a well-known pop singer, and blamed it on a loveless marriage to Park.

Judges in Seoul also gave Ms Ok's lover a six-month suspended term.

 


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