South Korean Court Delivers Historic Murder Verdict in Late-Term Abortion Case
A South Korean woman and two doctors have been convicted of murder in a landmark case involving a baby delivered alive via caesarean section and subsequently placed in a freezer to die. Prosecutors detailed that the infant was born at 36 weeks gestation before the fatal act occurred, with medical records later falsified to indicate a stillbirth.
Unprecedented Charges and Court Proceedings
This case represents the first instance in South Korea where murder charges have been brought against a woman for what has been described as a late-term termination, alongside the medical professionals involved. The woman, identified only by her surname Kwon and reported to be in her twenties, testified in court that she was unaware the procedure would be conducted in such a manner.
In 2024, Kwon posted a YouTube video describing her pregnancy termination at 36 weeks, which triggered a police investigation into her and the attending medical staff. Prosecutors asserted that after the baby was delivered alive, the hospital's director and the surgeon placed the newborn in a freezer, where it later perished. Hospital personnel then altered Kwon's medical records to fabricate a stillbirth scenario.
Admissions and Legal Arguments
During the trial, both the hospital director and the surgeon confessed to killing the baby and were taken into custody immediately following the verdict. Prosecutors revealed that the hospital had received approximately 1.4 billion won to perform abortions on over 500 patients, with many women, including Kwon, reportedly referred through brokers.
In January, prosecutors sought a 10-year prison sentence for the hospital director and six-year terms for Kwon and the operating surgeon. Kwon's defence lawyer argued that she was ignorant that the baby would be killed after removal from her womb. Kwon informed the court she discovered her pregnancy only seven months in and sought an abortion due to lack of stable income and fears the baby might have health issues, as she had consumed alcohol and smoked during pregnancy.
Judicial Ruling and Mitigating Factors
The judge ruled that Kwon had been informed by medical staff that the baby was healthy and had heard its heartbeat during an ultrasound. The court also determined she knew the baby would be delivered alive via caesarean section. However, the judge acknowledged the legal uncertainty surrounding abortion in South Korea as a mitigating factor in sentencing, noting Kwon lacked access to clear legal guidance or support for navigating a late-stage pregnancy.
While describing the crime as serious and warranting a harsh penalty, the judge exercised leniency considering the limited social support available to women in similar circumstances.
Context of South Korea's Abortion Laws
South Korea's abortion laws have been in a state of flux in recent years. In 2019, the Constitutional Court overturned the country's longstanding abortion ban, instructing lawmakers to revise the law by the end of 2020 and recommending permitting abortions up to 22 weeks of pregnancy.
In 2020, the government proposed legislation allowing abortions up to 14 weeks, or up to 24 weeks in specific cases such as health risks or pregnancies resulting from rape. However, the bill stalled in parliament amid opposition from conservative lawmakers on religious grounds. When the ban was formally lifted in 2021, no replacement legislation had been enacted, leaving South Korea without a comprehensive legal framework regulating abortion.
Global Abortion Landscape
Globally, 72 countries, including France and Germany, permit abortion subject to gestational time limits, with 12 weeks being the most common. Even in these nations, various exceptions often allow abortions to occur later. In the UK, there is a 24-week limit on abortion, but if the foetus has a disability such as Down's Syndrome, the pregnancy can be terminated right up until birth.
