Disclaimer

This blog may contain not-so-strong languages and slightly strong ecchi pictures. Please proceed with caution.

Friday, 5 June 2015

Korea's NSFW, Part X: Korea gives a 'Green Light' for Committing Adultery. Who cares about that SHIT?


Same as Kasugano Twins Incestology Case, this could be wrong in the other countries BUT... it is legal to commit adultery in Korea... please highlight the word Korea because this country gives a green light to adultery. We're studying the Korean Republic's Law... Again.  

On February 26th 2015, the Korean Republic Constitutional Court ruled in a 7-2 decision that Article 241 of the criminal code was unconstitutional. And thus, it is no longer a crime punishable by law to commit adultery in Korea. That means, the court abolished a 62-year-old law that criminalized extramarital affairs, and the stock price of a prominent condom maker immediately shot up 15 percent. 

The stock price of South Korean condom maker Unidus Corp. shot up after the court ruling, surging by the daily limit of 15 percent on South Korea's Kosdaq market. Shares of Hyundai Pharmaceutical, which markets so-called morning-after birth control pills, rose by 9.7 percent, gains that stock market analysts linked to the ruling. According to South Korean news media, analysts linked the rise of those share prices to the ruling because they began climbing as soon as the news was reported. Analysts said investors acted on the belief that the ruling might encourage extramarital affairs and use of condoms.

The Constitutional Court's ruling that the law suppressed personal freedoms could affect many of the more than 5,400 people who have been charged with adultery since 2008, when the court earlier upheld the legislation, according to court law. Any current charges against those people could be thrown out and those who have received guilty verdicts will be eligible for retrials, according to a court official who declined to be named, citing office rules.

“It has become difficult to say that there is a consensus on whether adultery should be punished as a criminal offense,” five of the court’s nine justices said in a joint opinion. “It should be left to the free will and love of people to decide whether to maintain marriage, and the matter should not be externally forced through a criminal code.”

In their opinion, the five justices also said they doubted that the law was still useful in preventing adultery. Instead, they said, it has often been used by spouses to force a divorce or by those outside the marriage to blackmail married women who have cheated on their husbands. (The stigma of adultery is greater for women, making it harder to blackmail men who have committed adultery.)

An estimated 53,000 South Koreans have been indicted under the law since the authorities began keeping count in 1985. But in recent years, it has been increasingly rare for defendants to go to prison, in part because courts have demanded stronger proof that sexual intercourse occurred. In many cases, police officers, tipped off by a spouse, have raided motel rooms. Additionally, more plaintiffs have been dropping charges after reaching financial settlements with their spouses.

The adultery law was adopted in 1953, with the stated purpose of protecting women who had little recourse against cheating husbands in a male-dominated society. But divorce rates and women’s economic and legal standing have soared in the decades since, leaving many to argue that the law outlived its usefulness. Others, however, considered the ability to open an adultery case a necessary option for wronged wives in a society that, despite its rapid change, is still largely male-centered. Under the law, cases could be brought against people only by their spouses, and if a spouse chose to drop the complaint, the prosecutors could not continue.

Debate over the adultery ban intensified in recent years as fast-changing social trends challenged traditional values. Supporters of the law said it promoted monogamy and kept families intact, while opponents argued that the government had no right to interfere in people's private lives and sexual affairs.

The court was acting on 17 complaints submitted from 2009 to 2014 by people who had been charged under the law. Seven judges in the court, which rules on the constitutionality of laws, supported the ruling, while two dissented, the court said. The support of six judges is needed to abolish a law. The law "excessively restricts citizens' basic rights, such as the right to determine sexual affairs," the court said, explaining that the legislation no longer contributed to overall public interest. 

The law had been challenged four times before at the Constitutional Court since 1990, always unsuccessfully. In the last attempt, in 2008 — in a case brought by a popular actress, Ok So-ri, whose husband had pressed a criminal complaint against her — the justices came within one vote of striking the law down. It was the fifth time the court had reviewed the adultery ban since 1990. In October 2008, five of the judges said the law was unconstitutional.

On Thursday, two other justices voted to declare the law unconstitutional for other reasons; one suggested that adultery should be punished, but not with a prison term. A two-thirds majority was required to strike down the law. The remaining two justices voted to uphold the law, warning that abolishing it could lead to “disorder in sexual morality,” encourage extramarital affairs and undermine family life.

Three major women’s groups in South Korea supported the court’s decision to abolish what they called “an ineffectual law.” But its abolishment “doesn’t remove moral and ethical responsibility,” they said in a joint statement.

Ahn Il-hwan, an official with the Ministry of Gender Equality, said on Thursday that the ministry respected the court’s ruling. “However, we need to prepare measures to protect the women victimized by adultery and will deliberate with relevant bodies to do so,” he said. Sungkyunkwan, an organization of Korean Confucianists that had championed the law, called the ruling “deplorable” and said that people should be ashamed of adultery.

Legal experts say the adultery ban had lost much of its effect because people increasingly settled marriage disputes in civil courts. Adultery could be prosecuted only on a complaint made by a spouse who had filed for divorce. The case immediately ended if the plaintiff dropped the charge, which was common when financial settlements were reached.

"Recently, it was extremely rare for a person to serve a prison term for adultery," said Lim Ji-bong, a law professor at Sogang University in Seoul. "The number of indictments has decreased as charges are frequently dropped."

South Korea, along with Taiwan, had been a rare non-Muslim nation to criminalize adultery, according to Park So-hyun, an official at the Korea Legal Aid Center for Family Relations, a government-funded counseling office.

Many legal experts had predicted that the court would abolish the adultery ban, but the decision was still controversial in a country that remains greatly influenced by a conservative Confucian heritage, despite decades of Western influence. Park Dae-chul, a lawmaker for the conservative ruling party, Saenuri, said it respects the court's decision but that the country needs to strengthen its efforts to protect marriage and the family system. Lawmaker Yoo Eun-hye of the liberal opposition New Politics Alliance for Democracy said the decision reflected social changes.


Two Hours Later....