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law against cheating!?
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bnrockin



Joined: 27 Feb 2006

PostPosted: Tue Nov 07, 2006 1:49 pm    Post subject: law against cheating!? Reply with quote

The Korean couple that I tutor informed me yesterday that there is a law in Korea against someone who is married cheating on their spouse. If the person is caught with sufficient evidence, but them and the person they cheat with go to jail.

Needless to say, I was rather shocked by this. What's the deal with it?
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VanIslander



Joined: 18 Aug 2003
Location: Geoje, Hadong, Tongyeong,... now in a small coastal island town outside Gyeongsangnamdo!

PostPosted: Tue Nov 07, 2006 2:08 pm    Post subject: Reply with quote

Two cultural imperatives at work here:

1) Be discreet with your affairs.

2) work out your problems with your spouse.

If you don't do one of these two things then you could go to jail. It's the Korean way.
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Tue Nov 07, 2006 2:15 pm    Post subject: Reply with quote

And the offended spouse can sue the offender. You boink his wife, he can take you to court. My writing mentor forked over a pile of money last year for one of his sons indiscretions.
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Manner of Speaking



Joined: 09 Jan 2003

PostPosted: Tue Nov 07, 2006 3:18 pm    Post subject: Reply with quote

I don't have a reference, but I have read more than once that marital infidelity is a criminal offense in Korea, punishable by up to two years in prison. The www.efl-law.org or www.efl-law.com websites might be able to give you more precise information.
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blindboy662



Joined: 16 Oct 2006
Location: da 'ell if I know

PostPosted: Tue Nov 07, 2006 3:29 pm    Post subject: Reply with quote

A few U.S. states have law's like that as well, and have used them in the last few years. Embarassed
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Pak Yu Man



Joined: 02 Jun 2005
Location: The Ida galaxy

PostPosted: Tue Nov 07, 2006 3:52 pm    Post subject: Reply with quote

It's also illegal to re-marry anyone from your wife's family, even her in-laws.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Tue Nov 07, 2006 7:16 pm    Post subject: Re: law against cheating!? Reply with quote

bnrockin wrote:
The Korean couple that I tutor informed me yesterday that there is a law in Korea against someone who is married cheating on their spouse. If the person is caught with sufficient evidence, but them and the person they cheat with go to jail?

It's only a crime or civil case IF the aggreived party is willing to get a divorce. Husband boinks mistress, wife catches them in the act, but stays with the husband. She has no case. Police won't do anything because she's not getting divorced from the guy.

Now, if she served him divorce papers, he's heading to jail (should she decide to press charges), plus both he and the mistress will pay mucho dinero to her (should she decide to go to civil court).
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RACETRAITOR



Joined: 24 Oct 2005
Location: Seoul, South Korea

PostPosted: Tue Nov 07, 2006 7:26 pm    Post subject: Reply with quote

The law is one-sided in how it's enforced. A man can hit his wife pretty hard with it, but if a woman has her husband arrested, it cuts off her only chance of income, so women tend not to turn their husbands in.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Tue Nov 07, 2006 7:33 pm    Post subject: Reply with quote

RACETRAITOR wrote:
The law is one-sided in how it's enforced. A man can hit his wife pretty hard with it, but if a woman has her husband arrested, it cuts off her only chance of income, so women tend not to turn their husbands in.

If we're talking about the abuse and assault laws, yes. But we're talking about the infidelity law which CAN fill her pockets with money if she divorces him. It's very simialr to the whole "blood money" idea.
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jmbran11



Joined: 19 Jan 2006
Location: U.S.

PostPosted: Tue Nov 07, 2006 7:55 pm    Post subject: Reply with quote

So, is all room salon action automatically excluded from these laws? It seems wives could make a fortune.
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Demophobe



Joined: 17 May 2004

PostPosted: Tue Nov 07, 2006 8:05 pm    Post subject: Reply with quote

Too much od a stigma being a divorced woman in Korea. Most would rather have a cheating husband who at least provides for them and the kids than face society as a divorcee.
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JZer



Joined: 13 Jan 2005
Location: South Korea

PostPosted: Tue Nov 07, 2006 8:47 pm    Post subject: Reply with quote

Quote:
So, is all room salon action automatically excluded from these laws? It seems wives could make a fortune.


Yeah and most women would be single too. In small town Korea I wonder who doesn't go to a salon.
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Junior



Joined: 18 Nov 2005
Location: the eye

PostPosted: Tue Nov 07, 2006 8:51 pm    Post subject: Reply with quote

Korean men need laws to keep their wives faithful. Its a bit like rigging a contract to make sure your wayguk endures the hogwon.
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munji



Joined: 08 Sep 2006
Location: Daejeon

PostPosted: Wed Nov 08, 2006 3:48 am    Post subject: Re: law against cheating!? Reply with quote

bnrockin wrote:
... there is a law in Korea against someone who is married cheating on their spouse. If the person is caught with sufficient evidence, but them and the person they cheat with go to jail. ...


The law as I understood while browsing through many puclications at korea.net is that it is punishable IF and ONLY IF the spouse files a complaint. The police wont do a but if there's no complaint. Adultery is illegal, but punishable only if there's a complaint.

Pretty funny clause about complaints and divorce proceedings as well...

Guidebook for Immigrant Women on Marriage
pp. 38

Quote:

4. Adultery

A. Prohibited acts
If a person, who has a spouse, engages in sexual intercourse
with a third party of the opposite sex, the person is subject to
a maximum of two years in prison for crimes of adultery. The
third party who had sexual intercourse with the married
person will also be punished regardless of his/her married
status, on the condition that the party was aware that the
other party was married.
B. Filing a complaint
Adultery can only be punished if the spouse files a complaint
with a statute of limitations of six months. However, the
spouse cannot file a complaint if the spouse gave prior or post
approval of the act of adultery, or if the complaint is not filed
after filing for divorce. Moreover, even if the divorce lawsuit
was initiated at the time of filing the complaint, if the divorce
suit was dismissed or withdrawn, the complaint will be
deemed to be withdrawn and the spouse cannot be punished.
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munji



Joined: 08 Sep 2006
Location: Daejeon

PostPosted: Wed Nov 08, 2006 3:49 am    Post subject: Re: law against cheating!? Reply with quote

deleted: double post.

Last edited by munji on Wed Nov 08, 2006 6:24 pm; edited 1 time in total
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