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Adultery Now Legal in Korea

March 11, 2015

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On February 26th, the Korean 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. And though this law has more of an impact on us on the internet than it does in our actual lives, we’ll still talk about it here because we live most of our lives on the internet so why not? What I mean by that is that I’ve never met anyone who has been affected by the law, nor does anyone I have asked actually know anyone that’s been affected by it, either. And we’re not the adulterous type ourselves, so this law won’t apply to us. But I can’t stop reading about it in the news sites that I go to, so why not clarify it a bit more?

It felt like we needed to be a bit more serious about it, because the two headlines of “South Korea abolishes adultery law” and “Condom sales grow exponentially” paint the picture that everyone in Korea is a cheating asshole, when – obviously – that’s not the case. Though, I will say, I’d be really interested in seeing what the stats for prostitution will be at the end of this year. In 2013, Korean companies spent over ONE BILLION DOLLARS on prostitution. That’s just companies. COMPANIES! And just on cards! Heaven knows how much more was done in cash. Goddamn how common is it for companies in your country to spend money on prostitution. Anyone? Has your company bought you any prostitution lately? “Hey John: for your year end bonus here’s one month’s salary and a coupon to the rub & tug. Keep up the good work!” No? Well, it’s common as hell here, and now that the adultery law is lifted, I’d be interested to see if that number grows a lot more as well.

Otherwise, yeah, we’re not fond of adultery, and think that you should be more transparent with your spouse and talk about your relationship before you seek the company of others, but I definitely think that it’s a private matter for you to discuss and not in the purview of the court. I definitely think that some laws should be put into place that prevent companies from spending money on prostitution, because in many ways the corporate culture of paying for sexual entertainment make adulterers out of the unwilling. This is something we are aware of, as one of our friends was working at a company and was really in love with his girlfriend, and had a lot of difficulties with his coworkers that all wanted to pay for prostitutes. I mean, that’s a pretty shitty situation: you have to be adulterous with your coworkers in order to not be ostracized, but it’s also illegal to be adulterous. Hey Korea: let’s make a law punishing companies that pay for prostitution, no?

Anyhow, we’re only talking about the things we’ve read about the ruling and its possible implications. We also asked people about it in this week’s upcoming Speaker’s Corner, and it’s gonna be interesting seeing what they think about the matter, so stay tuned for that. For those of you who couldn’t make it into our video booth, though, we’d love to hear what you think.

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Adultery Now Legal in Korea

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  1. I totally support the abolishment of this law and I see that the government of Korea empowers and trusts the educated population to deal with their family issues. In addition, by making adultery illegal, the state enforces monogamy. However, what if a polygamous couple got into an argument, they may have used the law agains each other. By the way, polygamy exists, it is normal and prospers within people’s marriages :) Trust and respect are the key in any relationship anyway. PS. I’ve registered on your web site to write this comment.

    5 years ago
    • Welcome to the website comment section! Thanks for taking the time to join the conversation even though it’s a pretty heavy subject. :D

      5 years ago
  2. I don’t think it was really necessary to repeal that law, but its not like it was working anyways when it was still a law. However, I really do hope people are aware that it is morally wrong to cheat on your spouse, since a marriage vow is a vow, and as we all know, you can’t break a promise. P.S. You guys should totally do a tl;dr on children day cares, or 어린이집. Infinite challenge did an episode on that like two weeks ago or something. Anyways, Korea really needs to enforce their child abuse laws, and I get that they’re trying, but when you see that news clip of the teacher slapping the kid and the kid literraly flying across the room, it really breaks your heart.

    5 years ago
  3. Here in Sweden it isn’t illegal but still ethically wrong to cheat on your husband/wife (if you aren’t living in an agreement and an open relationship of some sort). You have always the right to divorce your partner and it does’t matter why. The only time adultery can be used as a leverage are in a custody battle to claim the opponent not ethical suitable taking care of the children. This almost never happens and if they use adultery in court in that way it also have to follow other aspects that also claims the person untrustworthy of the custody (like a drug addiction, gambling problem, financial instability and other things).

    Now I want to know more about divorces in Korea, like how often people divorce? and how long it can take and so on? I already heard that life can be hard, especially for the woman, after an divorce?

    5 years ago
  4. In Minnesota (in the USA) adultery is illegal, but not enforced…. also it’s only illegal for married women not men. It’s only for the crimes that happen within the last year and they only look into it if the man or woman involved made a complaint. If found guilty, the person could spend a year in jail (along with the other person who was engaged in the activity) or get a fine up to $3,000. (Also it’s a technically a misdemeanor whenever a man and a single woman have sex because of fornication.) In terms of divorce, MN is a no-fault state so you don’t have to put blame or prove fault for the marriage’s failure. (*Source, Clara James, minnesota.about.com, “Is Adultery Illegal in MN?”)

    This topic made me curious because I know people in MN who have open marriages and whatnots. So I researched. :) Since, MN doesn’t enforce the law unless someone makes a complaint and gets it investigated, makes sense as to why people are able to have open marriages.

    5 years ago
  5. Ok, so I had to look it up, but adultery is Not illegal in my home state of Texas, Buuut it can & does have a definite impact on divorce proceedings, including things like property division & child custody. Frankly, I think the law you read to us put it very well: Adultery is definitely immoral & should be condemned as such, but it is not within the realm of the government to punish it. I’m all for the government getting their noses out of people’s personal business a bit more. Ugh, some of the stuff going on in the US is atrocious right now
    So, this was very interesting! I wasn’t sure what to think at first when I spotted this in my sub list. xD Also, definitely agree with making a law punishing companies for paying for prostitution! That’s just Horrid! >:(

    5 years ago
  6. Hello!

    So I think this topic opens up a lot of interesting areas.
    First, I live in the US and I’m not sure about legality concerning adultery in my state. However, I feel that the prior penalty for adultery-time behind bars and a record- is going a too far. As the new ruling states, what goes on between consenting adults is not the business of anyone but themselves.
    However, as I mentioned earlier, this brings up several interesting points regarding the sociology of sex and gender. As someone who has only lived in middle class America, I can only give the perspective of a middle class person in America. Intersectionality- which is a real sociological concept- is something very important to bear in mind here.
    I try to keep in mind that, as a sex nerd and general naughty monkey (thank Sex Nerd Sandra there) not everyone keeps the same positivity regarding human sexuality.
    On that very podcast (SNS) several episodes ago there was a professional on who discussed cheating- or the sociology of it in America. I agree with his opinion: cheating is a symptom of an unhealthy relationship-lacking communication normally- and humans are largely not wired to have one sexual partner for life. Thus, cheating may happen, people in the relationship are entitled to their feelings, but if you want to put in the effort to work it out you want to. There is more to it then that by far, however, I don’t want to go on forever.
    However, I feel this could be a window to a very interesting panel or discussion.
    Simon and Martina: I think it would be very interesting if you had experts in sexuality and gender and sociology (from South Korea) come on and do a panel for the channel. Since there are lots of questions on so many topics in these category anyway, I think it would be opportune. The knowledge would be very appreciated and I think that you both provide people with a sense of comfort that they may feel safer listening and asking questions.
    I’ve had questions myself as a general sex nerd: how is sexuality discussed in South Korea? How do people with kinks relate to each other (for instance, maybe this is an American view, but knowing that you aren’t alone in having a kink might make you feel less weird or isolated or crazy)? What if I said I was a non-binary (DFAB) pan romantic asexual dominatrix who would mostly like to be child free with a small chance of considering fostering/adoption? Would there even be a situation that would be mentioned? How do people ‘find their sexual species/sufficient partners’ if it’s all hush hush? What are the cultural similarities and differences to other parts of the world (US and otherwise)?
    I know you all at the EYK crew have a lot on your plates, but it would make every single one of my birthdays if these things could be discussed. Especially with experts in the subject (cause science).

    Thank you all so much for your quality and fantastic work!
    A Dorky/Geeky Sex Nerd Nasty aka
    PendulumSwing

    Ps. Please pardon any grammar/syntax fails. I’m posting this from my phone.

    5 years ago
  7. Tbh I didn’t realize that adultery was even illegal in some countries let alone my own country. I guess it really isn’t talked about much and I never hear about it. >o>;;

    5 years ago
  8. I didn’t even know that adultery is illegal in some of the states here in the US… I never hear about it.

    5 years ago
  9. Adultery is legal in France as well. It’s one of many possible reasons for divorce that are still legal, and you have to get proof and people to vouch for you.
    Can you imagine if it was illegal, how many people would be in jail? It’s practically a national sport, i mean, our president was caught visiting his mistress, and no one gave a crap, except for the fact that he was abusing tax money for it.
    I joke about it, but please don’t think that all French people are cheating assholes. I would never cheat on a partner and my parents have been faithful and happy for 27 years. Why would you cheat anyway? If you feel the need to go see someone else, you should probably reconsider your relationship first.
    Divorce rates are crazy though. One out of three marriages – one in two for the Paris region. What’s it like in Korea? And other countries? I’d be interested to her about it.

    5 years ago
  10. My Two cents:

    The thing that I find most disturbing about this whole situation isn’t so much the implications for women/men in bad situations looking for divorce (although that is definitely a bad thing as well). For me, it was finding out that condom sales and online dating website registration skyrocketed as soon as the law was changed. It really bothers me how readily people started cheating on their significant others as soon as they found out they weren’t going to go to jail for it. Cheating is way WAY too prevalent in this country :(

    5 years ago
  11. Martina, whats it like kissing hairy face? my boyfriend wants to stop shaving, and i just can’t imagine having hair in my mouth kissing him.

    5 years ago
    • Yes I definitely don’t get hair in my mouth since his moustache is above his lips and I don’t wrap my lips are his entire upper lip to kiss him. :P Sometimes the hair tickles but because Simon uses beard oil it’s very soft and smells like a lemon cookie! Oh also Simon uses moustache wax to keep his moustache in check.

      5 years ago
    • It’s like kissing a man instead of a pre-pubescent girl.
      Also you won’t get hair in your mouth unless it falls off his mustache or you get the sudden compulsion to suck on his chin. Not judging what you’re into just keep your urges in check.

      5 years ago
  12. I think there is some misunderstanding on adultery and divorce in Korea.
    The grounds for divorce is governed by Civil Law, and it always has been and still states very clearly an adultery or (in a Civil Law terms) “unfaithfulness” as a reason for divorce.
    The reason people are saying that the “decriminalization” of adultery will make it harder for divorce is that, when adultery was a “crime” if a person was under suspicion of infidelity the spouse could go the police and asked them to investigate. Since such investigation was a legal police work it was easier for the spouse to catch the adultery in the act and collect evidence and use such evidence in their civil divorce lawsuit. But with the decriminalization of adultery, the police will no longer investigate on that matter and the spouse will have to gain evidence by themselves.
    So if someone collects enough evidence on their spouse’s unfaithfulness the court will grant divorce with no doubt. And it still works as a very strong reason for the granting of the divorce.

    5 years ago
    • That makes sense to me.

      I believe that’s how marriage is structured in the USA (as defined differently by the individual states). In California, marriage is as a civil contract. However, California is also a “no fault” divorce state, so no one has to prove that the other spouse anything wrong to grant a divorce. There is no criminal law against adultery in California, and even if there were, the prisons wouldn’t be able to support jailing people for it.

      I imagine that the difficulty in Korea would be collecting evidence that the courts accept.

      5 years ago
  13. This was an interesting look into a law that I didn’t even know existed in South Korea lol.

    This might be a bit boring as a topic, but for a tl;dr or even if you could comment on this subject, I was wondering about filing for taxes while working in Korea. Did you have to file taxes both in Canada and Korea? How does that even work?

    Anyway, I always enjoy the videos, keep up the good work!

    5 years ago
    • That subject is a bit too complicated because it depends on what visa you’re on and what country you’re from. But yes, our American friends do have to pay taxes in both Korea and USA even if they haven’t lived in the USA for years. It’s like a permanent taxation unless you decide to give up your American citizenship. That sucks! They have to file their taxes every year and tons of American teachers don’t realize that. But as for us, since we’re Canadian and a registered Korean business we pay our taxes in Korea.

      5 years ago
    • That would interest me as well. I’m not sure how it works in Canada, but Americans are taxed on worldwide income. Even working full time in Korea with no income from anywhere else, Americans are required to file annual U.S. tax returns if their income is above a certain amount. There are also requirements to file a reporting form for foreign bank accounts.

      With the number of K-pop idols from the U.S., I seriously wonder about compliance in that regard. The penalties for not filing the foreign bank account paperwork are particularly severe.

      One idol in particular (who’s name I won’t mention) has my attention because they were born in the U.S. but I don’t believe they actually lived here to ever file a return. If they still retain U.S. citizenship, they probably don’t even know about this stuff, but I’m sure would still face penalties if the IRS worked it out.

      5 years ago
      • Speaking of taxes in Korea, SNSD Yoona just attended “49th Taxpayer’s Day” to receive a presidential award as a model taxpayer. What’s that about?

        I’m preeeeeeeeetty sure they don’t do that over here.

        5 years ago
  14. I’m not sure, but Korea has a high rate of infidelity despite the law … so only increase now.
    In Mexico it’s not illegal, to be valid as grounds for divorce you need evidence, pictures (I guess in bed) or witness lol

    5 years ago
  15. I live in Oklahoma and, believe it or not, Adultery is NOT illegal! However, it is still kind of sort of reasonable grounds for divorce in some states. In the US though, you can get divorced for simply not getting along so it didn’t really change anyone’s ability to get divorced in my opinion. In states where it is kind of illegal, you have to prove adultery happened in some way or could have possibly happened. Here is what I found!!

    Direct Proof
    Generally, you won’t have direct proof of adultery, such as an eyewitness account or photos. Given the situation, someone committing adultery will try to keep a low profile, and direct proof is hard to get.
    Indirect Proof

    Your next option is to use indirect proof or circumstantial evidence. Adultery is proved by indirect evidence based on implications.

    This indirect proof needs to show:
    Your spouse had the chance to commit adultery, such as being alone with the other person, and
    Your spouse had the inclination to commit adultery, meaning given the situation, sexual intercourse was likely to take place

    Examples of indirect proof showing opportunity could include hotel or travel records. Indirect proof of inclination could be public displays of affection or love letters.

    5 years ago
  16. Leaving aside the snooping around someone’s business, the public humiliation thing that was apparently all about in Korea. I think that on a certain level this is more of a positive situation.

    It’s not necessarily that adultery is now legal so go ahead and do it, but it’s not illegal anymore (Hermione note: it’s not that it adds a positive connotation to the word, but it removes a negative one). Therefore, theoretically, once the first couple of months frenzy dissipates, it should actually reduce the amount of prostitution and illegalities. Hopefully people who would resort to going to a brothel because they couldn’t do the do otherwise, will probably find someone else in the same situation and actually have relationships.

    As for the divorce related, I am not sure how the things work there, but I don’t think that necessarily because someone broke the law is why divorces should be granted, but because they committed adultery. I do understand that someone wouldn’t want to be married with someone who broke the law, but I’m sure there are even less people who would want to stay with someone who cheats on them. It’s a much more offensive on a personal level than them breaking the law in some way that doesn’t directly affect you.

    5 years ago
  17. could you please make a tl;dr on overworking culture in korea and about kirogi fathers? how is it compared to ‘similar’ countries like japan/china? thank youuu

    5 years ago
    • also, do you guys still doing kpop related videos? because Ga In just released Hawwah and it would be awesome to hear your opinion because I know she’s one of your favourites :)

      5 years ago
  18. A US Company paying for the ‘rub and tug’ would quickly become a huge scandal. There would be jail time, etc.

    That being said, some companies do pay for hookers in the US as ‘miscellaneous expenses’. I have specifically told someone I was interviewing with – I will not pay for the following things for my clients and term them ‘miscellaneous’ on my expense report: whores, drugs, bail and anything else illegal, plus I won’t ‘take one for the team’. I did get the job but I worked in client services so I had to put it out there.

    5 years ago
  19. What were again the options for maps? Search engines dow..something and nav..?
    Could you please write the exact name?

    5 years ago
  20. I think most of the adultery laws in the US are used as loopholes. I don’t personally know of anyone convicted of adultery and I don’t live in a state where it is illegal. BUT I do remember watching some report about a state trying to pass a law that would make giving oral sex illegal, married or otherwise. They claimed it would be a way to try and convict adults having sex with minors. So I think they are cherry picked laws, if anyone is ever convicted for them. But if someone went to a New York police station (which is apparently one of the states where adultery is illegal) and said their spouse is having an affair they would probably be laughed out of the station.

    5 years ago
  21. Meg

    Hi! Very interesting and I remember actually seeing those headlines on my BBC News app and thinking “huh ok” lol. So I know you mentioned that some of the states in the USA actually have adultery as illegal. While this is true it’s pretty much hardly ever enforced in those states. Some politicians might be all “boo adultery! throw em in the slammer!” but most just leave it alone. It’s like you said in this post, its very old out-dated laws that were just never gotten rid of. I live in AZ where it is illegal but no one goes to jail for it, even when its brought up as the reason for divorce. It’s kinda like you guys said, unless theres irrevocable proof of it, how do you prove it?

    I also want to address some of the concerns you guys expressed in the videos, mainly it becoming more difficult for people to get divorce for this reason. I actually don’t think it will become much of an issue, only because some many other places don’t have adultery as illegal and people don’t experience trouble getting their divorce for it. I think judges while still find it to be a fairly good reason to divorce, just not one they’ll have to dish out sentences for as well, ya know?

    I actually think it’s great that South Korea got rid of the law, and I totally agree with their reasoning. The government shouldn’t be “sticking its nose” in people’s private business (der der der, that sentence was funny to me). Most people are like you guys who think adultery is bad, but there are some out there who are perfectly happy in open marriages, having lovers. No one should have the right to judge how others love, really. Though TBH I get super lazy whenever I have just one guy, I can’t even imagine having the energy to have 2. Ugh that just sounds like extra time I have to try and look nice. And shave more. UUUUGH.

    5 years ago
  22. Well I don’t think that you should go to gaol for adultery but the law should intervene in your personal life – what if your loved one beats the crap out of you and you end up in hospital? Do you want the police to stop it or walk away?
    On the prostitution thing the Korean adultery law only came in 1950’s that would be the prudish Americans then, but Korea has a very very long history of state sanctioned prostitution, the Gisaeng its a cultural tradition, back in the day the state could send daughters of criminals into slavery within a Gisaeng house. Originally for the wealthy something the less well off aspired to. That’s why prostitution is so accepted. Are there any full on traditional Gisaeng still entertaining ?

    5 years ago
  23. I think making adultery illegal kind of violates the right to one’s private life. I mean some couples have an “open relationship” (don’t know if it’s usual for married couples though..) and so to make it illegal to sleep with people other than your partner seems a bit harsh.
    Every couple has their own situations going on like. Maybe they’re having relationship problems which has led to adultery, and should the cheating one be convicted in any way it doesn’t really incourage them to work on/solve their problems.
    Sometimes people are forgiven for their mistakes.

    5 years ago
  24. Adultery isn’t a crime in Texas; a spouse won’t go to jail, earn a criminal record or pay a fine if she strays. However, the state’s laws do address infidelity, so an adulterous spouse won’t always get off scot-free either. The state’s legal code does allow for punitive damages, or punishment, for adulterous behavior. Although adultery is not a criminal offense, it’s still in violation of certain Texas civil laws.

    5 years ago
  25. Woah South Korean laws man… Glad to see this one go, but it’s weird that a spouse needs to say their partner broke the law (adultery) to get a divorce. Is it always like that? Does a jury get to decide if your desire to divorce is valid or not? Seems odd to me. I’ve never thought about how divorces worked out legally though.

    5 years ago
  26. I find most South Korean laws to be…odd. There were those news about the police investigating and jailing a bunch of kids for making fun of the ferry tragedy. Very poor taste and they should be publicly shamed, but actually putting them in jail for being idiots? Very questionable. It makes me wonder if South Korea has such a low crime rate that cops can afford to launch full-scale investigations of internet commenters.

    5 years ago
  27. glad to see this law go, sounds pretty nuts to me to have a criminal record for cheating. what appears to be the real problem here is prostitution. looks to me that this is something that korea needs to deal with on a social level (sounds similar to the social/work pressure to drink heavily – but this is coming from someone who’s never been to korea..). decriminalizing/legalizing it will also help reduce the mafia side of it as you mentioned at the end of the video, but as many places have seen (e.g. amsterdam), having prostitution legal doesn’t do much for those affected by human trafficking. overall – depressing topic with no real easy answers :(

    5 years ago
  28. I don’t really know if adultery is a punishable offense in India but Indian law does have a tendency of being ridiculous at times. 1) Because some laws are from the era of the British Raaj (India became independent from the British rule in 1947 so thats SIXTY EIGHT YEARS AT LEAST that these laws haven’t changed) and have remained the same 2) because there will always be right-wing conservative orthodox pricks who will object to changing of laws on grounds of “immorality” or “indecency” or “anti-Indianness” of the ammendment to the archaic law. I don’t know if you heard, the Indian Supreme Court in 2013 made a ruling against the ammendment to Article 377 of the Indian Penal Code that criminalises sexual activity that is not vaginal penetration. which means that every person identifying as gay, lesbian, bisexual, transgender, transsexual or any other alternative sexuality is a CRIMINAL. Forget right to marriage for the LGBTQ community, they have been criminalised for being who they are! In 2015! (This also means that rape of these individuals, especially since its a massive problem for transsexual and transgender sex workers, cannot be reported, much less prosecuted)
    Not only this, rape laws are archaic. The Indian Penal Code still does not fully recognize sexual violence outside of vaginal penetration as punishable under rape law.
    What are the laws against sexual violence in Korea? Do they recognize alternative sexualities? Also what are the LGBTQ laws in Korea?

    PS. Article 377 was last amended in 1860. Thats a HUNDRED AND FIFTY FIVE YEARS AGO. See what I mean?

    5 years ago
  29. Like you said, this might make a divorce much more complicated if the court is now going to tell you “Oh, your spouse cheated on you? That’s all?”
    In that sense I would love for adultery to stay illegal, but jail time and a permanent mark on your criminal record is probably not a fair punishment. I also agree with everyone saying that governments should stay out of personal matters, but marriage itself isn’t just a personal matter to begin with- if you want it to be ‘official’, anyway. Strictly speaking it is a kind of contract that comes with certain responsibilities- but if staying faithful to one’s spouse is no longer one of the conditions of marriage, I can see loads of (more) young Koreans becoming disillusioned with the whole idea.

    I don’t think marriage rates are going to suddenly drop because of this, but… I dunno, it won’t make them go up, and consequently, less babies! Less future Koreans, oh no! The government might have second thoughts about this.

    5 years ago
    • Meg

      IDK there are plenty of other places that don’t have adultery as illegal and people don’t have any problems getting a divorce. I don’t think it will actually make it harder. It’s still a reason for divorce, just not an illegal one. I mean, how do you think people who weren’t cheated on get a divorce? There’s always reasons for it and most courts won’t force a couple to stay together if they don’t want to. There’s no point in it.

      5 years ago
  30. Wait, so if it was a crime, if the mistress knew the guy was married and even so she went ahead with the deed, she is helping to commit a crime, so she can be punished too? And if it is a crime and I have this bloke on the job that I know cheats his wife can I go to the police and tell them of the affair? Or it was only the wife/husband that could do that? I think it is great that it is no longer a crime. Jail is something very expensive to mantain and the less people in jail the more the government can use in other areas.

    5 years ago
  31. Whether or not I think that adulterers should go to jail for cheating (what kind of jail time are we looking at here anyway?), I do agree that the legal system shouldn’t have the authority to be that involved in someone’s personal life.

    Speaking of outdated laws, I live in the US (in the pacific northwest) and in a small town near where I live (seriously, they don’t even have a grocery store), I’ve heard that there is a law still on the books that prohibits black people from being on public streets after 10pm. It’s not like anyone would enforce such a ridiculous law, but the fact that it is still a real law is troubling. Things like that should have been done away with long before now.

    5 years ago
  32. I think it’s right that the law is abolished, I mean, it might not be something people agree with on a moral level but it’s a personal decision. It’s a stupid ass decision, but you should have the right to make it without being punished by the law.

    On prostitution, back home in Northern Ireland they passed a law in January this year that makes it a criminal offence to purchase sexual services, but not illegal to sell it and therefore protecting people who may have been trafficked into the industry. I know you guys did a TL;DR about the lax nature of enforcing prostitution law in Korea, but I wonder if it was legalised, what the consequences would be on top of the adultery law being repealed?

    5 years ago
  33. In North Carolina, if you have solid proof your spouse was engaging in the horizontal mambo during your marriage and in the last 3 years, you take them to court for what is called “criminal conversation” (interesting definition of conversation, eh?). The only defense to that, if you have proof of them doing the dirty, is if they can prove you encouraged them to get it on. If you do not have proof of getting down, you can take the third party to court for “Alienation of Affection” where you have to prove the marriage had love in it and doesn’t now because of that person. For AoA it doesn’t even need to be their secret snugglebunny: if your in-laws destroy your marriage (with malicious intent), you can sue them for damages under this too.

    5 years ago
  34. When you get married you sign a legal contract with your spouse to be faithful to them. If one party cheats they are in violation of said contract. If there is no legal ramifications for adultery (jail time, fines, community service, ect.) What is the point of getting married? It doesn’t show you want to spend the rest of your life with that person, because you have no more real commitment to them then a bf&gf does.

    5 years ago
  35. About weird ass laws: In Virginia, wife beating is definitely illegal…. Except on the steps of the courthouse in Richmond at sundown; and only if you’re using something no wider than the width of your thumb.

    5 years ago
  36. Hmmm… The first thing I thought was yes ! Punish them all!!!
    But after thinking about it I think it’s pretty sad if your husband doesn’t cheat on you because he could go to jail, and the law is the only thing keeping him from cheating. On the other hand the person cheated on gets great revenge (I mean JAIL TIME FOR BREAKING YOUR HEART !!! YES ! JUSTICE !) but still pretty sad. Especially if he’s the father of your children and needs to be there for them and pay child support (criminal record and having a job)

    5 years ago
  37. Purview, I learned a new word today.

    About adultery, I think going to jail for it is a little too much. I do like the idea of fines; not to the government (i mean, you didn’t cross them) but to the partner that got cheated on. That makes a lot more sense to me. I can however imagine that some people might use that to blackmail their partners…

    About companies paying for prostitution, HOW is that not illegal? Isn’t prostitution supposed to be illegal here?

    Strange country this Korea.

    5 years ago
  38. While I’m certainly opposed to adultery, I don’t think it should be punishable with jailtime.

    I do hope that this is indicative of softening attitudes towards the Korean LGBT community. If the law is going to stop interfering in married hetero couples’ bedrooms, maybe it will eventually stop interfering in all bedrooms?

    5 years ago
  39. In the UK adultery affects only the speed of the divorce (I think). I say this as I was a kid when my parents split up and that was based on it. They were still very good friends however after until one recently passed away but I know that it’s not illegal here…. Just not accepted. Sometimes I think the mindset of adultery can be enough to keep these sort of things…. In line.

    5 years ago
    • It’s the same in Norway, I guess. Speeding up the divorce. I think someone once told me that without adultery, you had to be separated for a while before the actual divorce. But with adultery, a divorce will escalate more quickly. About someone who got divorced: Both of them still had to sign the divorce papers, but although one part refused, the “sheriff”(why that word, Google translate?) told him that he had no choice other than sign because he committed adultery.

      5 years ago
  40. Hey guys, about prostitution in Korea, are the prostitutes like voluntary as in they chose to be prostitutes or is it more like a case of human trafficking where girls get cheated into this shady business?

    Back to the topic of adultery, I think it should be ruled as illegal but perhaps not to the extent of going to jail. Perhaps a hefty fine and xx hours of community service should suffice. And I agree that this will cause more trouble for those who are trying to get a divorce.

    5 years ago
    • It’s a mixture, as far as I know. Some girls do it voluntarily, some girls borrow money from shady sources and end up having to repay their debt through prostitution. I’ve also heard stories about some Filipina women that were really tricked into the industry and can’t get out.

      4 years ago