THE LAW THAT WOULD PREVENT THE HUSBAND FROM CHEATING GETS STRUCK DOWN FROM S KOREA BOOKS–SINCE 1953 A WOMAN WAS PROTECTED FROM A MALE DOMINATED SOCIETY CHEATING ACTION BY PROSECUTION AND EVENTUAL JAIL TIME–FAST FORWARD TO 2015, THE 9 JUDGE SUPREME COURTS DEEMED THE LAW OUTDATED

A group of 9 judges reviewed the adultery law and 7 of them determined it to be unconstitutional. They ruled it infringes on South Koreans' constitutional right to privacy and freedom in their personal life. They added that the law violates the right of people to determine their own sexual behavior.

Adultery is a crime in many Muslim countries. Until recently, South Korea and Taiwan were among the few other places where the ban existed. South Korea's adultery law was enacted in 1953, stating any married man or woman who engaged in extra-marital affairs was to be punished. So was the partner in the affair, regardless of marital status. Violators could be jailed for up to two years.

The law was designed to protect women, who were in a more vulnerable social position at the time it was drawn up. The aim was to discourage husbands from cheating that could break up families. But critics have drawn attention to its shortcomings. Increasingly, people used it to get larger divorce settlements or to exact revenge on adulterous spouses.

During the time it was on the books, over 100,000 people were convicted of breaking the law, including famous actresses and athletes. The decision to scrap the law was influenced in part by three appeals to the constitutional court made by attorney Lee Chan-hee.

He argued that the law leads to government intrusion into personal matters and fundamental rights. "Choosing a sexual partner is a matter of privacy, guaranteed by the constitution," he says.

In 2010, Lee took on a case in which two military people were charged with adultery, an unmarried woman in her twenties and a married, senior officer in his forties. Lee represented the woman, but both were convicted and given a one year jail sentence, suspended for two years. They were also dismissed from the military. "If you're in the military or the civil service and you're found guilty, you're dismissed from your job," Lee says. "I think this punishment is too severe."

Lee was not the first lawyer to challenge the law. Since 1990, appeals claiming that it is unconstitutional have been filed four times. But each time, the court upheld the law.

Even women's groups that once wanted the law to be upheld say they will respect the court's decision. "I believe that, in the current era, the matter of divorce or adultery should be resolved by the people concerned," says Lim Jung-gyu of the Daejeon Women's Association United. "The law has no place in this matter."

http://www3.nhk.or.jp/nhkworld/english/news/insideasia/20150319.html