User:Seunghun An/sandbox

In 26 February 2015, Adultery was abolished in South Korea with a lot of controversy.

The abolition of punishment for adultery in South Korea

The history of Korean adultery

The punishment for adultery is considered commonly that is started from eight trillion prohibitive law(八 條 法禁) of Gojoseon. Historically, the punishment for adultery has been existed, but threre were some changes in contents. 20th April 1905, Adultery was enacted at the first in Korean empire. Follow that law, adulterer and adulteress were sentenced to less than 2 years or more than 6 months.(Article 265 of this law) Follow the 'Joseon criminal law'(조선형사령) which is enforced from 1st April 1912, adulterer and adulteress were sentenced to less than 2 years.(Article 183 of this law) Since then, Korea has kept following this law until enactment 'criminal law of Republic of Korea' at 18th September 1953. by this time adultery was applied only married woman and her partner. But after enactment 'criminal law of Republic of Korea', application scope was expanded to married men.

Provision

Article 241 of the criminal law : Adultery

①If married person do adultery, they are sentenced to less than 2 years. The other party also take same penalty.
②This crime is only valid when husband or wife accuse. However if husband or wife forgive and coax adultery, can't accuse.

Precedent

• After realize adultery, If you receive adulterer or adulteress doesn't meet your husband or wife anymore in the memorandum, it is considered forgiving.

• When husband win a case for divorce against wife and wife lodge an appeal, it can't be considered wife coax adultery.

• When someone adultery with more than one partner, one accuse or one withdrawal of accuse is not effort to other partner.

Pros and Cons in korea

•Pros

"Adultery is non-existent except Taiwan and some Islamic countries, in accordance with the global trend It is natural to get rid of."

"Adultery has broken the family rather than has protected the family."

"It has a role to completely disconnect the reunion."

"Adultery imprisonment rate was not even 1%. There was no enough reasons to existence already."

•Cons

"If adultery is abolishing, the family breakup would be accelerated."

"The act of adultery had been forbidden of law as well as through the history. and Adultery has been defined as an immoral actin the world."

"Sexual morality might be disorderly. And it has become neglectful about protecting women."

Abolition

February 26, Adultery which was maintained for 62 years since the Criminal Code provisions punishing adultery enacted was declared unconstitutional by the Constitutional Court seven judge's agreed and two judge's disagreed. They changed their opinion into Unconstitutional in five times after four times constitutional decision. Constitutional Court said "it is violation of sexual self-determination and privacy to punish about private sex-life area which is considered by sexual morality". Historically, adultery had been considered guilty in most civilizations but since the 20th century, it has turned into unpunished trend because enlarged personal freedom. In Korea, adultery was abolished relatively late, because of traditional values based on Confucian.