S.Korean court upholds law criminalising adultery

SOUTH KOREA: South Korea's Constitutional Court ruled Thursday that adultery should remain a crime punishable by jail, rejecting a petition from a top actress who said it infringes individuals' rights.

It was the fourth time that the court had refused to overturn the legislation introduced in 1953.

Actress Ok So-Ri filed her petition in February, saying the law infringes the right of individual choice in sexual relations. Three similar petitions were also before the court. Ok, 39, is awaiting trial for adultery after her actor husband Park Chul sued her and two men for allegedly having affairs with her. She admitted having an affair with a pop singer but put the blame on her loveless marriage with Park.

Her petition rekindled debate over whether adultery should be a criminal offence, punishable by up to two years in jail. Some women's groups contend the law must be maintained to protect female rights in a traditionally male-dominated society. Critics say it breaches an individual's right to sexual choice and is outdated. Some lawmakers are pushing for a bill to abolish the criminal punishment of adultery. The law "does not violate the right to sexual self-determination and privacy, and therefore does not violate the principle of prohibition of excessive restriction," the court said in a statement. Five of the nine justices ruled against the law, one fewer than the number needed to overturn it, court officials said.

The law is usually invoked only when a husband or wife complains of a partner's adultery. He or she must follow up the complaint by filing for divorce.

According to a survey quoted by newspapers last year, nearly 68 percent of South Korean men and 12 percent of women confessed to having sex outside marriage. Court data shows the number of people jailed for adultery has declined sharply over the years. Last year 1,190 people were indicted but only 47 were jailed and 592 were given suspended sentences.

Seoul, Thursday, AFP