South Korea Abolishes Law Banning Affairs

Written By Unknown on Kamis, 26 Februari 2015 | 23.31

South Korea's top court has abolished a law banning extramarital affairs, prompting the stock price of a prominent condom manufacturer to rocket by 15%.

The ruling by the country's Constitutional Court spells good news for thousands of people currently facing trial.

Under the 62-year-old statute, cheating spouses could be jailed for up to two years.

Judge Park Han-Chul explained that "even if adultery should be condemned as immoral, state power should not intervene in individuals' private lives".

Contraceptive maker Unidus Corp also reaped the benefits of the turnaround, as its share value rocketed by the daily limit of 15% on Pyongyang's Kosdaq market.

Nearly 53,000 people have been convicted of adultery since 1985, but prison terms have become increasingly rare. Conviction rates were also falling, with 5,400 people found guilty since November 2008 and January this year.

Since the ruling, the law has become the most searched term on the country's top search engine, Naver. Residents also took to Twitter to air their views. 

@bluexmas47 wrote: "to those who think that if the law is banned then everyone would start cheating, do you ever think about inner conscience? Or do you think that it doesn't exist, and therefore you want the law to bind you?"

@johnchun58 tweeted: "there are many stupid people thinking that since the law has been banned, it is okay to cheat on your spouse. Maybe we should have kept it?"

Supporters of the legislation believe it promoted monogamy, thus underpinning traditional family values in the face of modernisation. But critics argue that it permitted too much state interference in individuals' sex lives.

The ban was originally designed to protect the rights of women.

Husbands had previously been allowed to divorce their wives, if judged to have fallen foul of the so-called 'Seven Evils' - which included jealousy. Divorces carry huge social stigma in South Korea and most women have no access to independent income.

A study by the Korea Women's Development Institute in June last year found 36.7% of men said they had cheated on their partner, compared to just 6.5% of women.

South Korea was one of very few non-Muslim countries to have ever criminalised adultery. The ruling marked the fifth time the court had reviewed the law since 1990. The last time, in October 2008, the motion was very narrowly defeated.


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