South Korean court dismisses movie director Hong Sang-Soo's divorce plea

A South Korean court on Friday dismissed Director Hong Sang-Soo's divorce petition. It ruled out that a cheating husband is not entitled to divorce even in the case of years-long affair. The court also said that only the affected party can file for a legal separation. 

In this scenario, the case applies to the 58-year old movie Director Hong Sang-soo, a known face at the Cannes Film Festival. Hong filed for a divorce three years ago when his affair with actress Kim Min-hee surfaced in 2017. However, a legal battle ensued after Hong's wife refused to play along with him. The couple who married in 1985 were in a legal battle that lasted for years. 

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But, to his dismay, the Seoul Family Court on Friday rejected Hong's separation petition and awarded costs against him. South Korea is still has a conservative society.

Until 2015, anyone who engaged in illicit relationships and extra-maritial affairs was subjected to a two-year prison sentence.

Even so, after decriminalisation, public opinion about affairs faces strong disapproval. South Korea decriminalised the draconian law in 2015. The criminalized status of the law was in effect since 1953 which was also ensured for the protection of women from divorce. 

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In spite of a successful career on the silver screen, 37-year old Kim now struggles to inspire warmth among the South Korean masses. Film enthusiasts take her as an out-of-work actress engaging in an affair with married Director Hong. They now feel that Hong's "On the Beach at Night Alone" appears to be too real. 

The law against adultery was originally intended to safeguard the rights of women at a time when marriage offered them some of their only legal protections since a majority of women lacked an independent source of income. Additionally, taking a divorce would tarnish their image and would lead the women to carry an enormous social stigma. 

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In 2015, when the country's highest court reaffirmed that only the injured party could initiate a divorce, it said "gender equality had some way to go". Judges stated that:

"Women would be particularly vulnerable if unfaithful husbands were allowed to divorce them without any justifiable complaint."

Meanwhile, individuals advocating against the current divorce laws say they violate individual freedoms and trap people in unhappy marriages.