Korean Job Discussion Forums

superdave · Joined: 20 Aug 2006 Location: over there ----->

in my opinion, since i strongly believe in separation of church and state, if marriage is a church institution, then adultery shouldn't be illegal. therefore the government shouldn't be policing church policy.

however, common law marriages are now recognised by the government, and it's possible to marry without a church being involved, then in such cases adultery should be illegal.

but ... having said that ... i'm not talking about jail time illegal ... i'm talking about adulterer losing all rights to settlement and custody illegal. the government should automatically side with the non-adulterous partner. therefore, if the adultery is deemed grounds for divorce, then the adulterer has no legal rights to make demands.

you go bumping nasty elsewhere, don't come home and expect half of everything when your partner boots your ass outa the house.

SPINOZA · Joined: 10 Jun 2005 Location: $eoul

Absolutely not. The numbskulls who voted YES obviously haven�t considered the following and presumably know absolutely sod all about law:

(1) Adultery is redressed by civil law (adultery is grounds for divorce); bigamy and polygamy have more obvious criminal law ramifications and hence they are criminal offences but adultery the concern only of civil law (where the objective is (a) redress an injured party, as opposed to punish an offender, and also to (b) satisfy the probability of truth, as opposed to satisfying 'all reasonable doubt').

(2) Adultery is behavior between individuals and less clearly concerns the state. An adulterer decieves only his wife and maybe bit on the side. A bigamist deceives the state too.

(3) Adultery is hard to prove and causes difficulties for criminal law because of the strict requirement (certainty) for a conviction (whereas in a divorce case, the injured party must only satisfy mere probability to win); bigamy and polygamy by contrast are easier to prove I�d imagine.

(4) Straightforwardly in my opinion, getting someone to enter a marriage on the basis of such a big deception should be a criminal offence; having a sexual relationship with someone not necessarily on the basis of deceit should not be a criminal offence. It�s just too much.

(5) How are adulterous individuals to be brought before the law? Call the cops? "Yes, hello officer, I've just seen my wife with some other bloke.....". Jesus H Christ.

(6) It�s not immediately clear why adulterers are of sufficient threat to society to brought before criminal law. The motivation for bigamy/polygamy is usually more sinister than mere sexual attraction.