Can a third person be punished for intrusion upon habitation by living in a married couple’s house for the purpose of extramarital affair?
● The Supreme Court decided to hold an en banc public hearing with the Chief Justice and all Justices present for cases 2020Do12630 on Intrusion upon Habitation (Justice in charge: Justice AHN Chul-sang) and 2020Do6085 on Violation of the Punishment of Violence, etc. Act (joint intrusion upon habitation / Justice in charge: Justice MIN You-sook) at 14:00 on Wednesday, June 16, 2021 at the Grand Chamber.
● This is the ninth public hearing since the inauguration of Chief Justice KIM Myeongsu.
● Exchanges of heated arguments are expected at the public hearing in the Grand Chamber.
- The issues over whether the crime of intrusion upon habitation can be established in this case where the third person’s receipt of consent from one of the two joint residents is against the opinion of the other resident, and whether the consented joint resident can be punished for committing the crime of intrusion upon habitation lead to the issue of how to harmonize and rationally coordinate the conflict of benefits and protections of law on the de facto peace between joint residents residing in joint residence.
- This is closely related to the daily lives of Korean people. Overturning long-endured precedent decision may influence the legal principles on the crime of intrusion upon habitation.
● In order to obtain extensive opinions, the Presiding Justice (Chief Justice KIM Myeongsu) had sent requests for submission of opinions on the disputed issues of the cases to the Korean Women Lawyers Association and various other organizations pursuant to Article 161 (2) of the Regulation on Criminal Procedure and Article 4 (2)-1 of the Regulations on Pleading at the Supreme Court.
- In consideration of the interrelation of the case to the daily lives of the citizens and the social influence of the case, the Supreme Court intends to obtain sufficient opinions from extensive areas of the society.
● The Supreme Court will open the entire process including questions and answers between the trial panel, prosecutors, legal representatives and reference persons.
- By holding public hearing of a case that may extensively influence the society, the Supreme Court aims to enhance fairness and transparency of trials.
- The Supreme Court hears questions of laws by providing consistent interpretation of laws and standard legal norms. The Court will transparently deliver the actual trial process of the final instance.
● After the hearing, the trial panel will deliver the sentences within 2-4 months following final discussion of all Justices. The exact date is to be announced.
● Summary of main issues
- Whether the crime of intrusion upon habitation can be established when a third person began jointly residing in a house upon the consent by one of the joint residents while such situation is against the opinion of the other joint resident
- Whether the crime of intrusion upon habitation can be established for a joint resident when he/she began jointly reside in the house with a third person against the opinion of the other joint resident
● Duration (expected)
- June 16, 2021, 14:00 - 16:00 (approximately 120 minutes)
* Trial panel presenting main issues
* Defense arguments on each issue by the prosecutor and defendant
* Questions by the trial panel
● Audience attendance
- Audience tickets will be distributed from 13:10 on Wednesday, June 16, 2021
● Live Broadcast
- The trial will be live broadcast on Naver TV, Facebook Live, YouTube and other channels from 14:00, June 16, 2021.