Inspection On The Crime Of Committing Adultery In The Criminal Law In Republic Of Korea

Recently,It becomes really hard job to find The law of Adultery in criminal code of other nations. As times go by,The nations that have ever established The law of Adultery one after another cancelled it,Even China that is the very home land of Confucianism has already contradicted its valid,and then,has brought The law of Adultery to an end,But How did it come that The law of Adultery still remain in Korea that has deeply received the influence of Confucianism?and Besides,Korea that has received the influence of Japanese criminal code during approximately 36 years as the Japanese colony did witness the change that Japan switched their attitude from unequal has brought a charge of Adultery against only Female to equal stopped putting the blame on anybody for Adultery,But why does Korea still prefer the existence of The law of Adultery?From the establishment of the modern criminal code in 1953,The law of Adultery has been subject to controversy which continues today. Half a century has already passed,But The law of Adultery in a sense still executes function to secure the sanctity of marriage and family life,These facts represent:In a society where Confucianism still has a strong influence,The law of Adultery in Korea is much more closer to a something that both has moral and legal ingredient than to a law with only legal binding;The attitude to charge criminal who committed Adultery a crime might be close to the heart of Korean people and the legal mind of Korean society. Through this paper that represent the reason how The law of Adultery can still remain in Korea I try to offer a suggestion that the Chinese criminal code need establishing The law of Adultery. This paper will be presented as follows: Chapter one will present the purpose of the study,meaning and its scope.Chapter two explain The law of Adultery in criminal code,the legal status or right of Transgender,Adultery that appears in The Ten commandments of Moses,and the aspect that appears in Korean history. Chapter three presents the rule that every law that contains the criminal code receives the control of The Constitution. If The law of Adultery is close to the spirit of The Constitution,It is reasonable for The law of Adultery in criminal code to blame criminal who committed Adultery a crime,otherwise It lose its reason to exist. Therefore,through three sentences of Constitutional Court from 1990,I try to find out the validity of The law of Adultery. chapter three also points out the figure that means the occurrence of crime,But real occurrence superior to the figure which open to public. Nevertheless this figure somewhat represents the change of occurrence,percentage of penalty etc. Therefore I analyze the Adultery crime of 18 years,and find out the current of Adultery. Chapter four represents the phenomena why Korea society cannot put an end to the law of Adultery that seemingly ready to disappear. This is caused by the result that the different ideas of law performers and ordinary people make. That is why we need to investigate the statistic of people's real thought. These facts have relations with the phenomenon people argue The law of Adultery in criminal code must be disappear but they don't want to sue the husband or wife for Adultery. Chapter five focuses on the matters whether The law of Adultery violate to The Constitution or not,world trend about The law of Adultery ,character of Korean society as well as ideas of scholars and religion leaders. Through the ideas of The pros and cons,I try to come to a conclusion that The law of Adultery in criminal code need to remain in Korea society. Chapter five also makes comparison between The law of Adultery in criminal code with quasi notion,for example,facto marriage,destroy soldier's marriage etc. finally,I propose that the Chinese criminal code need to establish The law of Adultery.