A male law student, expelled from the Judicial Research and Training Institute for having an affair with another law student, has just had his appeal to be reinstated denied. The male student’s mother-in-law made the situation public after her daughter committed suicide after finding out about the affair.
The male law student was charged with adultery and expelled from the JRTI. Although he was found guilty in a lower court of adultery, during the course of his appeal, the Constitutional Court ruled South Korea’s adultery law unconstitutional, thus acquitting him of criminal wrongdoing.
Although the law student’s criminal appeal was successful, the Court on Tuesday cited the seriousness of the case and denied his reinstatement to the JRTI. The female law student, with whom the male law student had an affair, was suspended from the JRTI for three months.
Before a South Korea’s law school system changed in 2007, students who passed the bar exam in South Korea still had to undergo two years of additional legal training at the Judicial Research and Training Institute before being able to be qualified as an attorney. An alternative path, now, exists that resembles the system in most States in the U.S.
Sean Hayes may be contacted at: [email protected]
Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty.
Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw. Sean’s profile may be found at: Sean C. Hayes
- Selection of Justices at the Constitutional Court Fundamentally Flawed?
- South Korea’s Military Conscription Law Challenged by Religious Conscientious Objectors
- The Korean Law Blog cited by the Washington Post on the Freedom of the Press in Korea
- Korean Administrative Court Stands Up for the Right to Assemble: Korea Queer Culture Festival
- Should UPP be Banned in Korea? Korea Government Files to Court to deregister Pro-North Party
- South Korean’s Aiding North Korean Hackers Arrested in South Korea by Seoul Central District Prosecutors’ Office
- Defamation Law Under Korean Law
- Korea’s Data Privacy and Data Protection Law
- Amendment to the Korean Protection of Military Bases and Installations Act 2019
- Korean Cryptocurrency Case Filed to the Korean Constitutional Court: Korean Bitcoin Updates