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Court delivers historic verdict in abortion case
A South Korean court has convicted a woman and two doctors of murder after a late-term abortion resulted in the death of a baby born alive. The case has sparked national debate over the country's unclear abortion laws.
The incident and charges
The woman, identified only by her surname Kwon, sought to terminate her pregnancy at 36 weeks. Prosecutors argued that the baby was delivered alive via Caesarean section before being placed in a freezer, where it died. The hospital's director and a surgeon were sentenced to six and four years in prison, respectively, while Kwon received a three-year suspended sentence.
Hospital staff falsified records
According to prosecutors, the medical team altered Kwon's records to make the death appear as a stillbirth. Both the hospital director and surgeon admitted to killing the baby during the trial and were taken into custody immediately after the verdict.
Background and public reaction
The case gained attention after Kwon posted a YouTube video in 2024 detailing her late-term abortion. The video triggered public outrage and prompted a criminal investigation by health authorities and police.
Prosecutors revealed that the hospital had allegedly performed over 500 abortions, earning 1.4 billion won (approximately $1 million) through brokers who referred patients like Kwon.
Legal and ethical complexities
Kwon's defense argued she was unaware the baby would be killed after delivery. She testified that she only discovered her pregnancy at seven months and sought an abortion due to financial instability and concerns about fetal health, as she had consumed alcohol and smoked during pregnancy.
The judge, however, ruled that Kwon had been informed 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.
Abortion law vacuum
The judge acknowledged the legal ambiguity surrounding abortions in South Korea, noting that Kwon lacked societal support to navigate her late-stage pregnancy. While the crime warranted a severe penalty, leniency was applied due to the lack of clear regulations.
South Korea decriminalized abortion in 2019, but lawmakers failed to pass new regulations before the ban's removal took effect in 2021. A draft bill in 2020 proposed allowing abortions up to 14 weeks, or 24 weeks in exceptional cases, but conservative opposition stalled its passage.
Broader implications
This case marks the first time murder charges have been filed against a woman seeking a late-term abortion and the doctors involved. It has reignited discussions about the need for clear legal frameworks to address reproductive rights and medical ethics in South Korea.
