협의이혼 후 간통죄 처벌 여부 - 법원 2007. 1. 25. 선고 2006도7939 판결에 대한 평석 -

Adultery has been argued that it should be punished with criminal sanction or not. I think adultery is not crime which should be punished with criminal sanction. Because we can not think the reasonable causes or interests which adultery could be punished with criminal sanctions. It must be ruled with civil liability. A husband or wife who has illicit intercourse should bear the liability of divorce and compensation for damage. Especially if a husband and wife are divorced by consent after adultery, it is not reasonable to punish a husband or wife who has adultery. Because it can be naturally thought they solve problems during marriage including adultery. So after divorce by consent, punishing a husband or wife who has adultery is not reasonable and necessary. Thinking in the long run, it is necessary and reasonable to abolish the prescription of adultery from criminal law.