3.04.2015

South Korea Legalizes Adultery

South Korea’s Constitutional Court recently struck down a 62-year-old law that made adultery an offense punishable by up to two years in prison, citing the country’s changing sexual mores and a growing emphasis on individual rights. This according to a Wall Street Journal piece by Jeyup S. Kwaak, South Korean Legalizes Adultery,  at http://www.wsj.com/articles/south-korea-legalizes-adultery-1424935118.

Although the Court’s majority suggested that the law has outlived its purpose, two dissenting justices warned that abolishing the law could lead to “disorder in sexual morality,” encourage extramarital affairs, and undermine family life. Read more about that in The Atlantic monthly journal at http://www.theatlantic.com/international/archive/2015/03/south-korea-adultery-law-repeal/386603/, and in the New York Times, in a piece by Choe Sang-Hun, entitled Adultery Is No Longer an Affair of the State in South Korea, at http://www.nytimes.com/2015/02/27/world/asia/south-korea-strikes-down-adultery-law.html?_r=2. Legalizing adultery, while it might seem in vogue, does not help stabilize and strengthen families in the state.  Rather, normalizing adultery may leave fewer remedies for innocent spouses and family members victimized by it, depending on the laws of that state or nation regarding divorce that might counter the criminal remedy with civil measures for family protection.

            Thanks to Anton Sorkin, Regent 3L in Family Law, for this post.

 

 

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