Constitutional Court to rule on disputed cases next year

By Lee Kyung-min

The Constitutional Court’s ruling last week that ordered the dissolution of the minor opposition United Progressive Party for engaging in pro-North Korea activities has already prompted heated debate that continues across the country. Meanwhile other controversial cases are currently under review at the court.

Rulings are due on whether there should be laws banning adultery, whether sex workers should be punished and if a sacked teacher should be allowed to become a member of a union, among others.

Suwon District Court and the Uijeongbu District Court asked for the Constitutional Court to issue a ruling on the first case in March and August 2011, respectively.

The complaint against the anti-adultery law has been brought four times since 1990, and has, so far, been ruled “constitutional”.

The issue became the focus of the media in 2008, when a case was filed by an actress Ok So-ri, who was sued by her husband for having an affair.

At the time, she claimed that punishing her was an infringement of her human right to love someone according to her free will.

The Constitutional Court denied her complaint, and a local court sentenced her to an eight-month suspended prison term for adultery.

Along with Muslim countries, Korea is one of the few nations that list adultery as a criminal offenses.

The second case was filed by the Northern District Court in January last year. The court claimed that if the government punishes those who engage in prostitution, it is an infringement on their human rights to make the choice to do so.

The third case was brought in September by a Seoul High Court judge at the request of Kim Jeong-hoon, President of the Korean Teachers and Education Workers’ Union (KTU).

According to the law, during a trial, a court can file an appeal to the Constitutional Court, or at the request of an individual, if it considers a part of the law to be“unconstitutional.”

If six of nine justices agree on a ruling, a decision becomes effective immediately.