Good News for Cheaters: The Legalization of Adultery

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For the first time in 62 years, adultery is no longer a crime in South Korea. On February 26^th, South Korea’s Constitutional Court found Article 241 of the criminal code, the law against adultery, unconstitutional. Seven out of the nine judges agreed that this anti-adultery law should be overturned because times are changing, and it does not reflect the changing attitudes of the people. [1]

Before this decision, adultery was punishable by up to two years in prison. About 53,000 South Koreans have been indicted, and more than 35,000 of them have been jailed since 1985. [2]

Despite much approval, I am actually against this decision. Marriage itself is a legal institution, and thus there should be a complementary law that prohibits extramarital sex. Marriage is a mutual agreement between two people, and it comes with certain responsibilities and obligations, fidelity being one of them. People go into marriage knowing that it will limit their sexual freedom, and they must be responsible for the choices they make.

As the justices stated, times are definitely changing- South Koreans are becoming more liberal and open, especially about sexual matters. However, this should be all the more reason to enforce this law, not repeal it.

The two justices who were against the repeal stated that the act of adultery violates the social institution of marriage, which has its foundations on monogamy, and can have devastating effects on the family, and more broadly, on society. [3] It is an issue much bigger than just “individual sexual freedom.” Traditional marriage and monogamy are essential for a healthy, functional society. According to a study conducted at UC Davis, monogamous societies are more successful economically and have fewer social problems. [4] I think that this matter goes beyond personal choice and right to a private sex life.

Furthermore, the decriminalization of adultery could lead to the awareness that adultery is acceptable and hence induce or encourage sexual immorality, not to mention that condom sales went up exponentially immediately after the decision was reported. [3] The share prices of Unidus, a condom manufacturer, hit the ceiling, and likewise, the share prices of Hyundai Pharmaceutical, which produces morning-after pills, increased by 9.74%. [5] This occurrence could indicate that the elimination of a barrier, in this case, the anti-adultery law, could lead to disorder.

Many people will disagree with me, saying that the state should not intervene in such matters. I agree that there are some good reasons as to why this law was repealed. The law stated that the one involved in the extramarital affair with the cheating husband or wife should receive the same punishment. This could be a little excessive, one of the justices mentioned. [6] Another stated that adultery should be punishable, but not by serving time in jail. [7]

People say that those who commit adultery will do so whether there is a law prohibiting it or not. This may be true, but this is not a sufficient reason to eliminate the law altogether. If the problem with the law is that it is ineffective, then it should be amended in order to prevent social disorder.

Ultimately, I think that there should be some legal guideline regarding this issue in order to protect the institution of marriage and preserve marital order.

I genuinely hope that people will recognize that the abolition of this law does not abolish their ethical responsibility toward their spouses.

[1] http://www.techtimes.com/articles/35714/20150227/cheaters-rejoice-adultery-is-no-longer-a-crime-in-south-korea.htm

[2] http://www.theatlantic.com/international/archive/2015/03/south-korea-adultery-law-repeal/386603/

[3] http://news.naver.com/main/read.nhn?mode=LSD&mid=sec&oid=023&aid=0002925537&sid1=001

[4] http://news.ucdavis.edu/search/news_detail.lasso?id=10142

[5] http://news.donga.com/Main/3/all/20150226/69827949/1

[6] http://news.chosun.com/site/data/html_dir/2015/02/26/2015022602216.html

[7] http://www.nytimes.com/2015/02/27/world/asia/south-korea-strikes-down-adultery-law.html

[8] http://www.cnn.com/2015/02/26/asia/south-korea-adultery