27 June 2009
26 November 2008
Korea: Caught between Modernity and Tradition
South Korean enacted its adultery law more than 50 years ago to protect women who had few rights in the male-dominated society but critics say now it is a draconian measure no longer fit for a country with an advanced civil and family court system.
Actress Ok So-ri's case has created a sensation in South Korea after she admitted to an affair with a singer and called on the country's Constitutional Court to overturn the statute that can send a person to jail for up to two years for adultery.
"The accuser (her husband) wanted a severe sentence," prosecutors said in court as to why they are seeking 18 months in jail for Ok, Yonhap news agency reported. Prosecutors were not available for comment.
Ok's lawyers were also not immediately available for comment but they have said in a petition to Constitutional Court: "The adultery law ... has degenerated into a means of revenge by the spouse, rather than a means of saving a marriage."
Last month, the Constitutional Court said adultery damaged the social order and therefore was a criminal offence.
It is rare for courts to jail adulterers but that has not stopped several thousand angry spouses from filing criminal complaints each year.
Critics have said a better compromise might be to allow spouses just to sue for compensation in civil court.
(Reporting by Jon Herskovitz and Kim Junghyun; Editing by Nick Macfie)
19 July 2008
The Debate on the Singapore Paradigm

Guardian, UK July 1, 2008 BY John Kampfner WHY is it that a growing number of highly educated and well-travelled people are willing to hand over several of their freedoms in return for prosperity or security? This question has been exercising me for months as I work on a book about what I call the "pact". The model for this is Singapore, where repression is highly selective. It is confined to those who take a conscious decision openly to challenge the authorities. If you do not, you enjoy freedom to travel, to live more or less as you wish, and – perhaps most important – to make money. Under Lee Kuan Yew, this city-state built on a swamp has flourished economically. I was born in Singapore and have over the years been fascinated by my Chinese Singaporean friends. Doctors, financiers and lawyers, they have studied in London, Oxford, Harvard and Sydney. They have travelled across all continents; they are well versed in international politics, but are perfectly content with the situation back home. I used to reassure myself with the old certainty that this model was not applicable to larger, more diverse states. I now believe this to be incorrect. Provincial governments in China send their brightest officials to Singapore to learn the secrets of its "success". For Russian politicians it too provides a useful model. These countries, and others in Asia and the Middle East are proving that the free markets does not require a free society in which to thrive, and that in any battle between politics and economics, it is the latter that will win out. It is too easy to believe that this debate does not apply to us. Across western Europe, the US and in other so-called democracies, liberty is similarly losing out to both the post-9/11 security agenda and the power of global finance. Different countries hand over different freedoms; in Italy, Silvio Berlusconi (who makes no secret of his admiration for Vladimir Putin), brazenly attacks the judiciary, having effectively censored the broadcast media. In Britain, we draw comfort from what we believe to be a robust public realm, with strong freedom of speech (although our journalists are far better at shouting than at digging out information) . And yet, as David Davis so theatrically has reminded us, we are sleepwalking into a level of state surveillance that will not be reversed. Many countries, including our own, are entering into new pacts with their rulers. Resurgent autocrats draw strength from the many weaknesses of western leaderships, not just their mistakes in foreign policy, but their failure to rejuvenate their own political systems, or to deal with a business culture that had lost touch with the needs of society. It was Oswald Spengler who at the turn of the last century predicted that "the masses will accept with resignation the victory of the Caesars, the strong men, and will obey them". A modern form of authoritarianism, quite distinct from Soviet Communism, Maoism or Fascism, is being born. It is providing a modicum of a good life, and a quiet life, the ultimate anaesthetic for the brain.
|