@article{ART001317978},
author={Lee Hie Houn},
title={A Study on The Unconstitutionality of The Criminal Conversation - Focused on The Criticism of The Conclusion of the Constitutional Court 2008. 10. 30, 2007HunGa17 -},
journal={Public Land Law Review},
issn={1226-251X},
year={2009},
volume={43},
number={3},
pages={491-510}
TY - JOUR
AU - Lee Hie Houn
TI - A Study on The Unconstitutionality of The Criminal Conversation - Focused on The Criticism of The Conclusion of the Constitutional Court 2008. 10. 30, 2007HunGa17 -
JO - Public Land Law Review
PY - 2009
VL - 43
IS - 3
PB - Korean Public Land Law Association
SP - 491
EP - 510
SN - 1226-251X
AB - The purpose of legislation for the regulations of criminal conversation, regulated in the Criminal Law(1953) for the first time, is not valid due to the 3 reasons as follows. First, It is not necessary to regulate adultery by the Criminal Law to establish monogamy institution because monogamy system has been already established in our society. Second, absolute majority of our social members do not regard adultery as outrageous evil and the individual has sexual right to self-determination defined in article 17 of the Constitutional Law. Hence, adultery should not be regulated by the Criminal Law but committed to morality. Third, if adultery is to be punished by the Criminal Law, the relationship between married couple and between the family members might be worse and it may result in earlier dissolution of marriage. In addition, divorce is the premise to bring an accusation against criminal conversation pursuant to the Criminal Law. It violates the spirit of protection rules of marriage system and family system in article 36, clause 1 of the Constitutional Law. The regulations of criminal conversation pursuant to the Criminal Law is unconstitutional regulations contrary to the principle of proportion since the purpose of legislation for the regulations of criminal conversation had to be realized through several ways in the Civil Law, not by the punishment pursuant to the Criminal Law, and punishment with a fine is not defined in criminal code but imprisonment only is defined in it unlike the crimes that violate other sexual customs. Therefore, it is desirable for Korea to abrogate the regulations of criminal conversation in the Criminal Law as soon as possible, which never make general protection function like most countries in the world.
KW - 간통(Adultery);간통죄(Criminal Conversation);도덕과 형벌(Morality and Punishment);성적 자기결정권(Sexual Right to Self-Determination);혼인제도와 가족제도(Marriage System and Family System);징역형과 벌금형(Imprisonment and Punishment with a Fine);비례의 원칙(Principle of Proportion)
DO -
UR -
ER -
Lee Hie Houn. (2009). A Study on The Unconstitutionality of The Criminal Conversation - Focused on The Criticism of The Conclusion of the Constitutional Court 2008. 10. 30, 2007HunGa17 -. Public Land Law Review, 43(3), 491-510.
Lee Hie Houn. 2009, "A Study on The Unconstitutionality of The Criminal Conversation - Focused on The Criticism of The Conclusion of the Constitutional Court 2008. 10. 30, 2007HunGa17 -", Public Land Law Review, vol.43, no.3 pp.491-510.
Lee Hie Houn "A Study on The Unconstitutionality of The Criminal Conversation - Focused on The Criticism of The Conclusion of the Constitutional Court 2008. 10. 30, 2007HunGa17 -" Public Land Law Review 43.3 pp.491-510 (2009) : 491.
Lee Hie Houn. A Study on The Unconstitutionality of The Criminal Conversation - Focused on The Criticism of The Conclusion of the Constitutional Court 2008. 10. 30, 2007HunGa17 -. 2009; 43(3), 491-510.
Lee Hie Houn. "A Study on The Unconstitutionality of The Criminal Conversation - Focused on The Criticism of The Conclusion of the Constitutional Court 2008. 10. 30, 2007HunGa17 -" Public Land Law Review 43, no.3 (2009) : 491-510.
Lee Hie Houn. A Study on The Unconstitutionality of The Criminal Conversation - Focused on The Criticism of The Conclusion of the Constitutional Court 2008. 10. 30, 2007HunGa17 -. Public Land Law Review, 43(3), 491-510.
Lee Hie Houn. A Study on The Unconstitutionality of The Criminal Conversation - Focused on The Criticism of The Conclusion of the Constitutional Court 2008. 10. 30, 2007HunGa17 -. Public Land Law Review. 2009; 43(3) 491-510.
Lee Hie Houn. A Study on The Unconstitutionality of The Criminal Conversation - Focused on The Criticism of The Conclusion of the Constitutional Court 2008. 10. 30, 2007HunGa17 -. 2009; 43(3), 491-510.
Lee Hie Houn. "A Study on The Unconstitutionality of The Criminal Conversation - Focused on The Criticism of The Conclusion of the Constitutional Court 2008. 10. 30, 2007HunGa17 -" Public Land Law Review 43, no.3 (2009) : 491-510.
