Court Ruling Expected to Promote Gender Equality

A longstanding law designed to ban people from having sex under the pretense of marriage was declared unconstitutional on Thursday. The Constitutional Court ruled that the law goes against sexual equality and women's right to make their own decisions regarding sex. The ruling reflected changing social values, especially concerning sex.

In fact, the law has increasingly been considered outdated. It was enacted in 1953 to make it illegal for a person to have sexual intercourse on false promises of marriage. The criminal code has long been aimed at protecting women from being coaxed into sex with their male partners. But there have been growing concerns among both men and women that the law was the product of Korea's male-dominated Confucian culture, which denied women's right to self-determination regarding sexual activity.

In this context, the court ruling carries a symbolic meaning as it recognizes women's rights. The law has virtually become unenforceable. In 1981, 269 men were indicted for breaking the law. But the number declined to 41 in 2006 and 25 last year. Most of them were given suspended jail terms although the law stipulated that violators were subject to up to two years in prison or a maximum fine of 5 million won ($4,300). It is natural to toll a death knell for such a virtually obsolete code.

In 2002, the court decided that the law was in line with the Constitution. But now there is no reason to enforce the law any more. The Ministry of Gender Equality told the court September that the statute should be scrapped because it goes against the principle of sexual equality and undermines the dignity of women. Most feminist groups immediately welcomed the latest ruling, which they said reflected the public views against the law and the changing social trends.

We have to keep in mind the statement by Lee Kang-kook, chief justice of the nine-member court, that the law has apparently challenged sexual equality by putting undue responsibility on men. And his message is clear: the law has overtly restricted people's private lives, under the name of protecting women from men who tricked them into bed with the false promise of marriage. Nowadays, women have a more liberal attitude toward sex and a better ability to make their own decisions on their sexual behavior. The ruling is nothing less than the repealing of the nation's male chauvinistic ideology. We hope the decision will further promote gender equality and the empowerment of women.