Korean Anti-Adultery Law Abolished

A 62 year old law that made extra-marital affairs a criminal offence in Korea has been abolished this week following the constitutional Court's ruling that the law suppresses personal freedom.

In a 7-2 decision, the two judges who opposed the ruling stressed the importance of the 1953 law in protecting sexual ethics and the importance of marriage. However, the prevalent opinion from five of the judges was as follows:

"The article violates individuals' freedom to choose their sexual partners and their right to privacy. Not only is the anti-adultery law gradually losing its place in the world, it no longer reflects our people's way of thinking."

More than 4,500 people have been charged with adultery since 2008 but the new ruling could see current charges being thrown out and those found previously guilty eligible for a re-trial. The law had been reviewed four times previously but without the support of six judges, the law could not be abolished.

Incidentally, the stock price of prominent condom maker, Unidus Corp., immediately shot up by 15% on South Korea's Kosdaq market following the ruling.

Last year the government banned access to Ashley Madison, a dating website for people wanting to cheat on their partners, over concerns that the service could encourage adultery. The Korea Communications Standards Commission, Korea's Internet censorship body, said it has not decided whether it will lift the ban on the website.

If you are thinking of filing for divorce from your partner, contact our divorce solicitors on 01204 526 465 for advice.

HSK Solicitors

Divorce Solicitors