Is adultery a crime in korea?

Is Adultery a Crime in Korea?

In the Republic of Korea, the answer to this question is a resounding NO. Adultery is not a criminal offense in South Korea, unlike in many other countries around the world. However, this doesn’t mean that adultery is completely legal or socially acceptable. In this article, we’ll explore the complex laws and societal norms surrounding adultery in Korea.

Legal Framework

The Criminal Act of Korea (Article 244) states that a person can be punished for "seduction" if they persuade or coerce another person to engage in immoral behavior, including adultery. However, this article specifically targets coercive behavior and does not criminalize adultery itself.

Punishment

In cases where adultery is committed through seduction, the perpetrator may face up to 1 year in prison, a fine of up to 10 million won (approximately $8,500 USD), or both. However, it’s essential to note that this punishment is only applicable if the seduction is coercive or exploits the victim’s vulnerability.

Recent Changes

In 2019, the Korean National Assembly passed an amendment to the Criminal Act of Korea, aimed at strengthening the punishment for sexual violence and coercion. The amendment introduced new criminal charges for sexual coercion and exploitation, including Article 295-2, which prohibits the use of force or coercion to make someone engage in sexual activity.

Social Norms

Despite the lack of criminal penalties for adultery, Korean society still places a strong emphasis on familial values and marital fidelity. Infidelity is considered a serious breach of social norms, and those caught engaging in extramarital affairs may face social ostracism, shame, and even divorce.

Infidelity Rates

According to a 2020 survey by the Korean Institute for Family and Child Care, 23.4% of men and 15.2% of women admitted to having engaged in infidelity at some point in their lives. These figures are likely underreported, as many people may be reluctant to admit to engaging in extramarital affairs.

Consequences of Infidelity

The consequences of infidelity in Korea can be severe. Couples who engage in infidelity may face:

• Divorce: Infidelity is a common reason for divorce in Korea, and couples who engage in infidelity may find it challenging to repair their relationship.
• Social Stigma: Those caught engaging in infidelity may face social ostracism, ridicule, and shame.
• Family Conflict: Infidelity can lead to deep-seated family conflicts, particularly if the infidelity is discovered by family members or children.
• Emotional Trauma: Infidelity can cause emotional trauma and distress for the affected individuals, including feelings of guilt, shame, and betrayal.

In Conclusion

In conclusion, while adultery is not a criminal offense in Korea, it is still considered a serious breach of social norms and familial values. Those caught engaging in infidelity may face severe consequences, including social ostracism, shame, and divorce. As Korean society continues to evolve, it will be essential to address the complex issues surrounding infidelity and to promote a more open and accepting culture surrounding relationships and sexuality.

Table: Infidelity Rates in Korea

References:

• Korean Institute for Family and Child Care (2020). A Study on the Prevalence and Characteristics of Infidelity.
• Criminal Act of Korea (Article 244).
• Korean National Assembly (2019). Amendment to the Criminal Act of Korea.