콘텐츠 바로가기
로그인
컨텐츠

Category Open

Resources

tutorial

Collection of research papers and materials on development issues

home

Resources
Social Development Gender
Government and Law Laws and Legislation

Print

The crime of adultery in Korea : Inadequate means for maintaining morality and protecting women

Related Document
Frame of Image
  • The crime of adultery in Korea
  • Cho, Kuk
  • Seoul National University(BK 21 Law)


link
Title The crime of adultery in Korea
Similar Titles
Sub Title

Inadequate means for maintaining morality and protecting women

Material Type Reports
Author(English)

Cho, Kuk

Publisher

[Seoul]:Seoul National University(BK 21 Law)

Date 2002
Journal Title; Vol./Issue Journal of Korean Law:vol. 2(no. 1)
Pages 19
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Social Development < Gender
Government and Law < Laws and Legislation
Holding Seoul National University

Abstract

The crime of adultery is a good example of the moralist tradition under Korean criminal law. Moralism aims to serve as a guardian of a social ethos through the use of state authority and severe penal sanctions. Although the crime of adultery would certainly be considered a morally reprehensible act, the use of criminal law seems neither desirable nor effective as a means to advocate the moral tenet of spousal fidelity. As such, the crime of adultery should be dealt with in a divorce court setting and not in a criminal court, and adulterers should be handed civil sanctions and moral reprehension, not imprisonment. Further, the usefulness of penalizing the crime of adultery goes no further than branding the criminal with a “Scarlet Letter,”which operates as a severe intrusion into the privacy of the individuals involved all in the guise of maintaining sexual morality. Such stigmatization fails to actually deter the crime of adultery and only produces counterproductive effects. Such negative effects are evidence that the law against criminal adultery should be placed under stricter constitutional review. Although some feminists propound that adultery should be criminalized in order to protect women's interests, the effect of criminalizing adultery may have the unintended consequence of acting as a fetter and not as a shield for women rights, especially considering the rapid growth in Korean women’s consciousness of their fundamental rights to privacy and freedom over sexual decisions.