It is Now Legal to Cheat On Your Spouse In South Korea

The anti-adultery law has been repealed by a South Korean court:

South Korea’s Constitutional Court threw out a decades-old anti-adultery law on Thursday, reflecting a growing importance of personal choice over marital order in a traditionally group-oriented society.

In a 7-2 decision, the nine-member bench ruled that Article 241 of the criminal code was unconstitutional.

“The article violates individuals’ freedom to choose their sexual partners and their right to privacy,” said an opinion presented by five of the justices. “Not only is the anti-adultery law gradually losing its place in the world, it no longer reflects our people’s way of thinking.”

Two other justices supported this view, saying family issues should not be criminal, or even if so, the weight of the penalty should vary according to the intricacy of the matter.

The remaining two justices voiced opposition, saying the law was necessary to protect sexual ethics and the institution of marriage.

Under the landmark ruling, some 5,400 people indicted or convicted of adultery after Oct. 30, 2008, when the law was last upheld, may ask for a suspension of indictment or a retrial.

South Korea had been one of the few remaining countries in Asia that prohibits infidelity, next to North Korea and Taiwan. Extramarital affairs here had been banned under the criminal law since 1953, and before that, only women were held accountable for some fooling around.  [Yonhap]

You can read more at the link, but this decision made me think of the good, old Sergeant Han case who was a Camp Red Cloud Non-Commissioned Officer who faced 10 months in prison for adultery and lying about an offer of marriage to his girlfriend.