62 years since it was established, the criminal law code 241 was ruled anti-constitutional at the Constitutional court by 7 votes to 2, and is to be scrapped (or replaced) As it stood, any adulterer, that is any married person who cheats on the marriage partner with another person *and* his or her partner were both liable for up to 2 years in jail (with no other kinds of non-jail punishment possible), which smacked of an archaic law or an Islamic code of conduct.
The abolishment of such a controversial law had been up for votes four times in the past.
The last vote in 2008, did have a majority of yes to abolishment (ruled anti-constitutional) but the majority was only 5 to 4 and the minimimum majority votes should be 6 for the abolishment to happen.
This means, (also according to a new law ruled to minimise chaos and compensation) that there will be people who can ask for compensation against the ruling that happened from one day after the day when the last constitutional vote was cast i.e. in 2008 According to the same article, even among such people, the compensation might be limited to only those who actually received the punishment, in this case jail time. How much? It would depend on the psychological and the financial loss of the defendant i.e. job/status but there is a rule which specifies upto 5 times the minimum wage, which can be calculated between 4 manwon and 20 manwon (per diem of the jail time).
For the whole day up to the decision of the ruling, there were a lot of headlines (yes, serious headlines, not the Daily Mail or the News of the World kind) which had words like “The law which has existed even in the times 고조선 Ko-Chosun” – and those who are not familiar with Korean history, this is the first ever proper historic era in Korea, which was founded by the son of the garlic eating bear in a cave. (Look it up on Wiki, otherwise I get pelted with eggs for digressing)
Well, yes, and of course one cannot forget how it goes all the way back to the time when Charlton Heston would part the sea and talk with burning bushes.
Quite a strong backlash was expected against this ruling (yes, seriously)
The real conundrum was that this law was not deemed an archaic law by any standards, though it should have been. Maybe having no other option of punishment than to send the *adulterers to jail* part was what made it seem archaic, but it still did not stop people from bringing many such cases to court and indeed, send their spouses to jail with the lovers.
Finally, here are some real archaic laws that I came across when I just googled for my favourite, the beating of the carpet over the balcony not within 1km radius of where the Queen lives between the hours of 2:35pm and 8:09pm or some such..
Just remember, no littering.
(img taken from Yonhap news)
P.S. Korea, Korea, where news headlines do not need to be funnied-up in any way