2015-03-09
South Korea Decriminalizes Adultery
South Korea’s Constitutional Court on February 26, 2015 declared that the criminalization of adultery infringed the basic rights of citizens, and that as such, the criminalization of adultery in 1953 was in violation of the South Korean constitution and thus, adultery was decriminalized on February 26, 2015.
The judgment stated that adultery should be condemned in respect of morality, but that such moral condemnation did not grant the state the power to interfere in the private domain of individuals. In other words, the criminalization of adultery went against the rule of proportionality and infringed individual citizens’ rights to their own sexual autonomy and privacy. However, some people immediately opined that the criminalization of adultery helped to maintain monogamy and protect the rights of women.
After the adultery is decriminalized, there will be more than 5,000 people who were accused of or found guilty of adultery who will be able to claim exemption from criminal sanction in South Korea. In Taiwan, society has discussed and debated the issue of decriminalizing adultery many times. However, Taiwan society still has reached no common consensus on the issue. Therefore, Taiwan will observe and learn from South Korea and its experience and try to find the best solution to this issue.
Search
English