Age of Consent in Korea
Dear Korean,
I noticed that the official age of consent in South Korea is thirteen, and wondered why the age was so low. Is this just a remnant of a Korea that used to be a third-world country, or is there another reason? I was puzzled because I thought that generally, Koreans tended to be socially conservative, especially in terms of sexual relations.
Kathleen K.
I noticed that the official age of consent in South Korea is thirteen, and wondered why the age was so low. Is this just a remnant of a Korea that used to be a third-world country, or is there another reason? I was puzzled because I thought that generally, Koreans tended to be socially conservative, especially in terms of sexual relations.
Kathleen K.
There is actually a very simply explanation. Why is the age of consent 13 in Korea? Because that is the age of consent in Japan.
Korea's age of consent has almost nothing to do with Korean culture, and has everything to do with the legal history of Korea. Korea first implemented a modern legal code in 1895, borrowing much from the Japanese code. This code, however, was short-lived, as Imperial Japan annexed Korea in 1910 and imposed its own laws.
Korea would become independent in 1945, and proceeded to eliminate Imperial Japan's vestiges in many areas. But in many other areas, Koreans saw fit to keep the imports from Imperial Japan. In Korea's legal system, Koreans abolished the oppressive laws that allowed the Imperial Japanese government to exploit its colony. However, Koreans left alone many areas of law that did not directly implicate the colonial rule--for example, enforcement of contracts.
Over the next several decades, Koreans would gradually update and change the laws that they inherited from the colonial era to fit the changing times and circumstances.. Yet vestiges from the colonial law remain, for the simple reason that there are far too many of them to completely address and Korean people did not feel any particular urgency to change them.
Age of consent is one such item. Having a higher age of consent may add some value, but not much, as there are plenty of laws in the book to punish virtually all types of sex crimes. Because Korea remains a sexually conservative society (although significantly less so in recent years,) higher age of consent is not particularly necessary to prevent, say, 15-year-olds from having sex with each other. (In fact, this tends to create huge injustice in the U.S., where in some states an 18-year-old having sex with a 16-year-old may be placed on the sex offender registry.)
Got a question or a comment for the Korean? Email away at askakorean@gmail.com.
Over the next several decades, Koreans would gradually update and change the laws that they inherited from the colonial era to fit the changing times and circumstances.. Yet vestiges from the colonial law remain, for the simple reason that there are far too many of them to completely address and Korean people did not feel any particular urgency to change them.
Age of consent is one such item. Having a higher age of consent may add some value, but not much, as there are plenty of laws in the book to punish virtually all types of sex crimes. Because Korea remains a sexually conservative society (although significantly less so in recent years,) higher age of consent is not particularly necessary to prevent, say, 15-year-olds from having sex with each other. (In fact, this tends to create huge injustice in the U.S., where in some states an 18-year-old having sex with a 16-year-old may be placed on the sex offender registry.)
Got a question or a comment for the Korean? Email away at askakorean@gmail.com.
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