Since 1985, almost 53,000 people have been charged with the crime of adultery. Although almost 50% of the population today hold no particular religious beliefs, adultery was enshrined as a crime in the 1953 constitution.
In the last 25 years the Constitutional Court has considered the issue five times, each time getting closer to a majority decision in favour of abolition. Today the crime was finally removed from the statute books, in a 7-2 decision.
Presiding Judge, Park Han-Chul said in his judgement, “Even if adultery should be condemned as immoral, state power should not intervene in individuals’ private lives.”
In 1953 women had few rights, no independent income and divorce was taboo, the adultery law was designed to protect women but was increasingly seen as outdated in a society which has become more sexually liberal.
Ko Seon-Ju of the group Healthy Families in Seoul said, “Adultery must be censured morally and socially, but such a law is inappropriate in a modern society. It used to be an effective legal tool to protect female rights, but equal rights legislation has improved.”
Not all the judges of the 9-member panel were in favour of the move to abandon the law. Justice Ahn Chang-Ho said in his statement that he fears the move will “spark a surge in debauchery.”
In related news, the share price in South Korea’s largest condom firm rose 15%!
