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通姦除罪化
South
Korea Legalizes Adultery Write to Jeyup S. Kwaak at
jeyup.kwaak@wsj.com
More than 35,000 South Koreans have been
jailed for marital infidelity since 1985
SEOUL-South Korea’s constitutional court on
Thursday scrapped the nation’s criminal anti-adultery law, saying it infringed
upon personal freedom.
Created in 1953, the law allowed for jail
terms of up to two years for those found to have knowingly engaged in an
extramarital affair if punishment was sought by the spouse. The statute was
designed to provide women with legal support at a time when few were
sufficiently financially independent to have the option of leaving their
cheating husbands and divorce was stigmatized.
Nearly 53,000 South Koreans have been
indicted and more than 35,000 jailed for marital infidelity since 1985, the
start of electronic record keeping, according to the Supreme Prosecutors’
Office.
Last year 892 were charged but none were imprisoned.
Legal experts say plaintiffs in recent years have preferred to reach a
financial settlement.
Shares of South Korean condom maker Unidus
Corp. surged after the ruling, hitting the 15% daily gain limit on the
local index.
“It’s realistically impossible that all
unethical acts face criminal justice,” said Park Han-chul, the presiding
justice at the court in reading out the verdict. Seven of the nine judges
including Justice Park ruled in favor of the repeal, while two, including Lee
Jung-mi, the court’s sole female judge, opposed.
Until Thursday’s ruling, which is effective
immediately, South Korea was one of a few non-Muslim countries that regularly
practiced criminal prosecution of adultery.
Questions:
What do you think the report that South
Korea Legalizes Adultery?
What do you think the report that More than
35,000 South Koreans have been jailed for marital infidelity?
Should marital infidelity offenders put in jail?
Do you support anti-adultery law or not?
What To Do If Your Wife/husband is cheating?
Why We Have Affairs?
Do you think anti-adultery law, saying it infringed
upon personal freedom?
寂寞嗎?
Loneliness Has A Purpose by Mary C. Lamia, Ph.D. psychology today
You can be lonely whether or not you have a partner, relatives, or many friends. When you have a need and desire to be interpersonally connected and recognize that it's missing, you may become wrapped in the emotion of loneliness. Emotions, by definition, are immediately felt when triggered by a particular event or stimulus. Loneliness can be triggered when you're thinking of a significant relationship that has ended, if you realize that your relationships are not emotionally satisfying, if you have lost a loved one, if your access to social relationships has been altered because of a life circumstance, or at the moment you recognize that you are not truly known and understood by another.
When you're lonely, it's unlikely you'll remember that emotions serve a purpose, since what possible purpose can the heartache of loneliness serve? If you consider how this emotion makes you feel and think, then you will easily recognize that it alerts you to the fact that your relationships are inadequate and your needs to belong are not being met. Beyond that, loneliness motivates you to take necessary action that will relieve it. Emotions do have a purpose, regardless of how unpleasant some of them can make us feel.
Loneliness can make you feel empty and a sense of longing for someone to really know you. If you are without friends you may wish to have someone in your life who will relieve the emptiness. Yet loneliness may not be clearly linked to the reality of a situation because it can exist when connections with others are fleeting, meaningless, or not what you consider to be significant. Thus, you may have many friends, or be in a room filled with people, and still be lonely.
Aloneness is different than loneliness, although the two are a bit conflated and you can feel either without the other. The amount of time you spend alone has little to do with being lonely. Many people find solitude to be a pleasant experience that allows one to think, be creative, rest, or simply pass time in solitary activity. There are people in whom fear or anxiety is triggered when they are alone, but this is different than the experience of loneliness, as are situations where a person prefers to be alone in order to avoid the anxiety inherent in social activities.
Emotions differ from the prolonged emotional states that define moods. A lonely mood is akin to a lingering sadness, but with a particular referent; it's sadness about not having someone in your life where caring and deep understanding is mutually felt. Even so, a prolonged loneliness can lead you to believe that you are depressed, or, in some circumstances, can lead to depression.
Questions:
How to deal with loneliness?
What to do when you’ve lost your sense of purpose?
How to have a lot of friends and create a social network?
How to free yourself from negative emotions?
How to build social skills?
Ways to join social activities?
What causes depression?
韓國憲法裁判所(即憲法法庭)今天（26日）下午做出裁決，認定現行對犯下通姦罪者施予刑事處罰的做法違憲，這項決定使向來被認為民風保守的韓國邁入「通姦除罪化」國家之列。
按原來規定，韓國刑法第241條規定：「具配偶者通姦時，處以兩年以下徒刑，與其相奸者亦同。」這項法令於1953年時經國會表決通過，實行至今已有62年。
但憲法裁判所今天表決後認定，這項刑事處罰違憲。九位裁判官(相當於大法官)中，有七人投下同意除罪的贊成票。
時移世易
憲法裁判所發佈的議決文指出，韓國國民對有關性方面的法律認定已有變化，同時處罰實效性也受到質疑，故判決通姦罪的處罰條款違憲，該法即刻失效。
裁判所表示：「保護婚姻制度與夫婦間履行貞節義務之公共利益，已難以透過對審判對象施加條款懲罰來達成，該條款已過分限制國民在性方面的自決等基本權利，造成法益均衡性喪失。」
議決文並認定通姦處罰已違反比例原則，同時侵害民眾隱私與自由。
1990至2008年間，憲法裁判所針對通姦除罪化問題已有過四次議決，但皆以合憲結案。
申請賠償
本次判決出現逆轉，讓自2008年以後因通姦罪而入監服刑者將可申請賠償；被依通姦罪起訴並獲刑者可提出再審申請；尚在判決程序中的案子，都將被取消公訴。
韓國大檢察廳公布的數據顯示，自《通姦罪》生效開始至今的62年間，全國共有3.5萬人因此身陷囹圄；在2008年10月的釋憲結果發表至今的六年間，有5466人被依《通姦罪》起訴，其中22人被拘提；去年被起訴者則有892人，但無人入監。事實上，近來被起訴者大部分被判處緩刑。
儘管《通姦罪》被廢除，但夫妻間不倫情事問題，仍能透過民事訴訟要求對方負責與賠償。
「通姦除罪化」得已在民風保守且男女不平等現象仍嚴重的韓國獲確立，被視為一大突破，韓國朝野皆對此表示歡迎，但背後仍存在憂慮與待完善之處。
「這國家要完蛋了，根本沒好好想清楚…雖然最近職場女性增加，情況有好點，但不知道通姦罪到底是為誰而廢。」住在江南、下月即將成為新娘的首爾市民柳小姐對記者表露出恐慌。
柳小姐認為，在當下韓國社會還未對女性給予充分尊重與保護下，這樣的結果會讓女性遭到更多傷害，她說：「法律廢止前應提出更多因應措施。」
一位韓國女記者分析道：「《通姦罪》沒了後，許多男性可能會仗著缺乏強制力的處罰，更肆無忌憚地偷吃，對社經地位還是有差別的女性而言，可能會承擔更多不公平對待。」
韓國女性律師協會表示：「往後法院應積極考慮對不倫者提高具懲戒性質的慰籍金繳納；若是離婚的情況下，則應衡量婚姻生活所盡之責任，訂出財產分配的額度。」
韓國憲法法院裁定通姦入刑違憲
楊虔豪 BBC中文網駐韓國特約記者
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