SEOUL (AFP) - A top South Korean movie actress who is facing criminal charges for an extramarital affair filed a complaint on Wednesday against the countrys adultery law, her lawyers said.
The petition by Ok So-Ri, 39, will rekindle debate over whether the 54-year-old law should be scrapped. According to South Korean statutes, when a spouse accuses a partner of adultery he or she must also file for divorce.
Oks husband Park Chul, 40, has filed a criminal case against her, accusing her of being unfaithful.
Her defence counsel filed the complaint with a court in Goyang City, a northern satellite town of Seoul, where the adultery case involving Ok has been proceeding since last November.
"The adultery law constitutes a serious breach of the individuals rights to make decisions concerning sex and privacy under the constitution," the defence said in the petition.
"Adultery cases must be handled in civil courts, not in criminal courts."
The district court has said it would consider asking the Constitutional Court to rule on the petition.
At a tearful news conference Ok admitted having an affair with a singer for a few months in 2006 but put the blame on her loveless marriage to Park.
The law sets a maximum two-year prison sentence for adultery but most such cases are settled out of court.
Complaints against the legislation were filed in 1990, 1993 and 2001. The Constitutional Court rejected them on the grounds that social morality may be weakened.
But the legislation keeps coming under attack, with two petitions currently before the Constitutional Court.
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