"Reinstate Adultery Law" Citizens Outraged by 'Adulterous Couple' Melodrama

Multiple Adultery Posts Flood an Online Cafe
'Dating a Married Man', 'Just Thinking About It Is Thrilling'
Citizens Criticize, "How Can They Do That Behind Their Spouses' Backs?"

A recent post about an affair has been uploaded to an online cafe, causing controversy.
[Image source=Yonhap News]

[Asia Economy Reporter Han Seung-gon] "The man is married, but I still like him." , "It seems like the wife has no idea."

Recently, a post related to infidelity was uploaded on an online cafe, causing public outrage among citizens who learned about this fact. There is a critical public opinion that it is unforgivable for a married couple, who should live a faithful married life based on mutual trust and belief, to have an affair with someone other than their spouse.

Some are even calling for the reinstatement of the adultery law, expressing intense criticism. Posts related to infidelity mainly consist of dating consultations with people who have families or concerns about pregnancy. There are also posts expressing pleasure about having an affair secretly without the wife knowing.

On a portal site cafe, a post said, "We have a 13-year age difference. We eat, watch movies, or go to cafes in the middle point or neighboring towns where we live, and then go to a lodging and cuddle together," adding, "Both of us lack sense and have time constraints, so it's always similar, and sometimes we go for drives, but I still like it."

Another cafe member posted, "(The man) received a call from his wife during sex," along with a sad emoticon. Then another member commented, "The thrill is totally overwhelming, just thinking about it is thrilling," and yet another member said, "ㅋㅋㅋ His voice must be trembling a bit, but I wonder if the wife won't notice ㅋ."

As the infidelity of people with families became known, citizens are furious. They raised their voices in criticism, saying that it is a serious betrayal of the spouse and that the entire marriage could be ruined.

Kim, a company employee in his 40s, said, "Not only having an affair but also boasting about it is something that can only be done if you are not considering divorce," pointing out, "The trust promised at the time of marriage is just thrown away."

Lee, a 20-year-old university student who said he is still single, criticized, "The main theme used in dramas is 'extreme infidelity,' but this seems to surpass dramas; isn't this reality?" He continued, "I don't understand how people who dated, liked each other, and got married can show such behavior," criticizing it.

[Image source=Yonhap News]

Choi, a company employee in his 50s, said, "I think it's more like this because the adultery law was abolished," adding, "There may be reasons why the law was removed, but depending on the situation, shouldn't the state intervene to sort things out to protect family peace?"

The adultery law was enacted in 1953. Adultery refers to voluntary sexual relations between a person who has a spouse and someone who is not their spouse. However, amid criticism of excessive state intervention, on February 26, 2015, the Constitutional Court ruled Article 241 of the Criminal Act, which punishes adultery, unconstitutional.

At that time, the full bench of the Constitutional Court decided by a 7 to 2 vote that "Article 241 of the Criminal Act violates the Constitution." Justices Park Han-chul, Lee Jin-sung, Kim Chang-jong, Seo Ki-seok, and Cho Yong-ho stated in their dissenting opinion that "the adultery law violates the principle of proportionality and infringes on citizens' sexual self-determination rights and privacy freedoms, thus violating the Constitution."

They further emphasized, "As adultery laws are being abolished worldwide, public consensus on adultery laws no longer exists," and "The maintenance of marriage and family should be entrusted to the free will and affection of the parties involved."

Article 241 of the Criminal Act stipulated that a person who commits adultery while having a spouse shall be punished by imprisonment of up to two years. A third party who commits adultery with the spouse also receives the same punishment. Only imprisonment was prescribed without fines, making the penalty severe.

However, regardless of the abolition of the adultery law, a spouse who seriously jeopardizes the marriage can be sued for damages in civil court. Also, if there is evidence of infidelity, divorce is possible. Notably, unlike adultery, infidelity does not require sexual relations to be recognized; it refers to unfaithful acts and can be acknowledged even if physical relations did not occur.

Meanwhile, a legal expert emphasized, "If there is evidence that can be considered infidelity, a divorce lawsuit can be filed, and it is also possible to seek damages from the third party involved in the affair."