간통죄 폐지의 정당성에 관한 고찰

A Study on the Justification to Abolition of the Punishment for Adultery

Korean criminal law punishes for adultery and the public tend to regard adultery as a crime. In a related matter, The Korean government is getting down to work revisions to the Criminal Law. In this situation, the purpose of this article is to suggest concrete backgrounds for abolition of punishment for adultery in Korean Criminal Law. The concrete backgrounds for abolition of punishment for adultery is as follows, (1) First of all, The criminal law should be imposed as a last method when an offense violates important the benefit and protection of the law. (2) Also the benefit and protection of the law should be obvious. Generally, the benefit and protection of the law of punishment for adultery include good sexual morality, maintenance of monogamy and sound family life and sexual faithfulness between spouse, etc. However, it is doubtful that a definite concept as a foundation of punishment. (3) The greater part of scholars of criminal law argue for the abolition of punishment for adultery. Also Global trends show the tendency toward the abolition of punishment for adultery. (4) The punishment for adultery violates the right of choice concerning one’s own sexual activities. In conclusion, the punishment for adultery must be abolish in province of criminal law.