No, it is not illegal to cheat on your spouse in South Korea.
Adultery Law in South Korea: A Historical Overview
For over six decades, South Korea had a law that criminalized adultery. This meant that individuals found guilty of having extramarital affairs could face imprisonment. However, this changed in 2015.
Landmark Ruling by the Constitutional Court
The South Korean Constitutional Court overturned the law making adultery a crime on Thursday, February 26, 2015 (See reference). The court stated that the law violated the nation's constitution. This decision effectively decriminalized adultery in South Korea.
Implications of Decriminalization
While adultery is no longer a criminal offense, it's important to note that it can still have significant legal and social consequences.
- Divorce Proceedings: Adultery can be used as grounds for divorce in South Korea. A spouse who commits adultery may be held liable for the dissolution of the marriage.
- Civil Lawsuits: The wronged spouse can file a civil lawsuit against the adulterous spouse and the third party involved, seeking financial compensation for damages caused.
Summary Table: Adultery Laws in South Korea
| Aspect | Status |
|---|---|
| Criminal Offense | No. Decriminalized by the Constitutional Court in 2015. |
| Grounds for Divorce | Yes. Adultery can be cited as a reason for divorce. |
| Civil Lawsuits | Yes. The wronged spouse can sue the adulterous spouse and the third party for damages. |
| Penalties | While there are no longer criminal penalties, financial penalties may be awarded in civil lawsuits, depending on the severity and impact of the affair. |
