"Two Women Grabbed Hair" SNS Becomes a Tool for 'Private Revenge' After Adultery Law Abolished

Abolition of Adultery Law in 2015... Due to Sexual Self-Determination and Privacy Freedom
Cases of Revealing Spouse's Infidelity via SNS Not Uncommon
Citizens Also Voice Opinions to "Reinstate Adultery Law"

Recently, posts exposing a spouse's infidelity have been continuously published through social networking services (SNS) and other platforms. The photo is unrelated to any specific expressions in the article. [Image source=Yonhap News]

[Asia Economy Reporter Heo Midam] "They say they had an affair with a colleague from the same department.", "XX Bank's comprehensive infidelity video."

Recently, posts exposing the infidelity of spouses or acquaintances have been continuously uploaded on social networking services (SNS) such as Facebook and YouTube. Those exposing the affairs present evidence such as photos or text messages showing signs of infidelity. In this process, personal information such as the names, ages, faces, and photos of the parties involved in the affair is also being circulated.

The reason victims reveal their partner's infidelity on SNS is related to the abolition of the adultery law. Since criminal punishment for adultery became impossible in 2015, victims themselves have been spreading the personal information of the unfaithful party as a form of 'private retaliation.' However, the dissemination of personal information can be punished under criminal defamation laws regardless of the truthfulness of the facts. As a result, victims of infidelity express frustration, saying that even though they have been betrayed by their spouses, there is no proper way to punish them.

Recently, an infidelity rumor involving male and female employees working at a large corporation was posted on the anonymous workplace community 'Blind,' sparking controversy. A netizen who appeared to have witnessed the situation explained, "When the husband stayed out overnight, the wife staked out the company building and, after confirming the scent of shampoo from the man and woman arriving together, grabbed the woman's hair."

The photo released along with this showed a woman grabbing another woman's hair and struggling in what appeared to be the company lobby. A man standing between them seemed to be trying to separate the two. Subsequently, information such as the parties' pasts, faces, and ages quickly spread online.

Meanwhile, last month, an infidelity case that occurred at a commercial bank was revealed through 'Blind.' The post stated that a bride-to-be had an affair with a team leader in the same bank department. It was reported that the groom-to-be eventually called off the wedding before the ceremony took place. In this process, personal information including the workplace, names, and faces of those suspected of infidelity was also circulated.

Photo by Screenshot of the anonymous employee community 'Blind'.

The reason for revealing infidelity online is related to the abolition of the adultery law. The adultery law, created to punish the infidelity of married spouses, was abolished after 62 years by the Constitutional Court's ruling of unconstitutionality in 2015. At that time, the constitutional justices abolished the adultery law, citing excessive infringement on sexual self-determination rights and privacy freedoms. As a result, courts can no longer impose criminal liability for acts of infidelity.

However, in Korean society, infidelity is still regarded as immoral and inappropriate behavior. Therefore, the victimized spouse also files civil lawsuits to claim compensation for mental damages. But to receive damages from the other party, evidence is required, and there is a considerable risk of being sued in return if one recklessly tries to obtain evidence.

In summary, since there is no proper law to punish infidelity, victims have resorted to exposing their spouse's infidelity on SNS as a form of private retaliation. In this process, some victims have also circulated the personal information of the parties involved online.

However, the dissemination of such personal information can constitute criminal defamation under the criminal law regardless of the truthfulness of the facts, so caution is necessary. In other words, even if the infidelity is true, one can still be punished.

Article 307 of the Criminal Act stipulates that "Anyone who publicly defames another person by stating facts shall be punished by imprisonment or detention for not more than two years or by a fine not exceeding 5 million won." If the posted content is false, the penalty can be imprisonment for up to five years or a fine not exceeding 10 million won.

Because of this, some argue that those who break family peace should be punished and call for the reinstatement of the adultery law.

On the 14th of last month, a post titled "Please reinstate the adultery law" was uploaded on the Blue House's national petition board, where the petitioner said, "I am posting this because I feel frustrated experiencing such harm after the adultery law was abolished."

He claimed, "My husband had an affair with a karaoke hostess," and earnestly appealed, "Please reinstate the adultery law so that those who commit infidelity can no longer live boldly and freely."

Office worker Kim (28) also said, "I don't understand why the adultery law was abolished. If I thought my spouse had an affair with someone of the opposite sex, I would be so angry I couldn't stand it. But since there is no way to punish it, how frustrating must that be?" He criticized, "Infidelity can leave a lifelong scar on someone. How will their mental damages be compensated? The adultery law should be reinstated to punish those who commit infidelity."

Experts emphasize that although infidelity is no longer subject to criminal punishment after the abolition of the adultery law, it can clearly be grounds for divorce in civil cases.

Seung Jaehyun, a research fellow at the Korea Institute of Criminology and Justice, appeared on YTN Radio's 'Start Morning' and said, "Although infidelity is no longer subject to criminal punishment since the adultery law was abolished, it is still punishable in civil law," adding, "Adultery itself occurs within the intimate realm of sexual self-determination freedom, so even if it is not punished criminally, it clearly constitutes a civil tort."

This content was produced with the assistance of AI translation services.