But enforcement has waned in recent years.

Whereas 216 people were given prison terms under the law in 2004, that figured had dropped to 42 by 2008. At the same time, the laws legal foundation has become more precarious: During its last review by the Constitutional Court, five out of nine judges deemed it unconstitutional, falling just one judge short of the six necessary for repeal. Personal freedom Hwang Byung-il, a Seoul-based attorney who includes family law among his areas of expertise, is among those in the legal industry who believe the law needlessly interferes in peoples private lives, calling it against freedom in love. How could a nation interfere in such kind of delicate emotional matter? It is against the basic principles of democracy, said Hwang. Mankind has a tendency to challenge such unreasonable oppression. In other words, in a case where this is no convincing or persuasive reason, they never stop challenging it. While the law applies equally to men and women, it is ostensibly the latter that the law was designed to protect. With no concept of alimony existing in Korea and many married women lacking financial independence, the criminalization of infidelity theoretically provides protection against a spouses infidelity. But while the law enjoyed the support of womens rights advocates in the past, many have more recently turned against it, a shift that has coincided with more husbands bringing charges against adulterous wives. While previously quoted in media as being in favor of the law in recent years, The Korean Legal Aid Center for Family Relations told The Korea Herald that it would not take a public position until after the Constitutional Court had made its ruling. Likewise, Korean Womens Association United said it could not provide a unified stance on the issue in time for print as it is composed of numerous different organizations. Sue Kang, the KWAU representative that spoke to The Korea Herald, said that in her personal opinion, however, adultery should not be

criminalized, calling it a matter of personal choice, which the law or government should not be involved in.