By Park Si-soo
Staff Reporter
The Supreme Court Monday upheld an appellate court's ruling that sexual intercourse outside of marriage, committed when divorce proceedings were put on hold at the request of one part of a couple, constitutes adultery.
The court handed down a jail sentence of four months suspended for two years, handed down to a married man, identified as Kim, and his lover by an appellate court.
The two were indicted in 2006 on charges of having sexual intercourse while Kim's divorce proceedings were put on hold at Kim's wife's request.
``The suspension period is regarded as part of their marriage, meaning Kim's sexual relations during that period constitutes adultery,'' the court said.
In South Korea, adulterous relations are considered a criminal act and those found guilty can receive jail sentences of up to two years. In August last year, the top court ruled that an extramarital affair during divorce proceedings was not a criminal act.
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