A South Korean court has convicted a woman and two medical professionals of murder following the death of a baby delivered during a late-term abortion procedure. The case has sparked nationwide debate over the country’s unresolved abortion laws and the legal and ethical boundaries of late-stage pregnancy termination.
The woman, identified only by her surname Kwon, sought to terminate her pregnancy at 36 weeks, according to prosecutors. Authorities said the baby was delivered alive through a Caesarean section before being killed shortly afterward.
Court Sentences Medical Staff and Mother
The surgeon who carried out the procedure received a four-year prison sentence, while the hospital’s director was sentenced to six years in prison. Both were taken into custody immediately after the verdict was delivered.
Kwon received a three-year suspended prison sentence, meaning she will avoid jail time provided she does not commit further offences during the suspension period.
Prosecutors said the baby was placed in a freezer after birth, resulting in its death. The hospital staff were also accused of falsifying medical records to indicate that the delivery had been a stillbirth.
During the trial, both the hospital director and the surgeon admitted responsibility for the killing.
Investigation Triggered by Social Media Post
The case first drew public attention in 2024, when Kwon uploaded a video on YouTube describing her late-term abortion experience. The video prompted widespread public outrage and led the health ministry to file a criminal complaint, triggering a police investigation into the woman and the hospital involved.
Prosecutors later revealed that the hospital had allegedly received 1.4 billion won (approximately $1 million) to perform abortions on more than 500 patients, many of whom were referred through intermediaries or brokers.
Legal Vacuum Around Abortion
The trial is believed to be the first case in South Korea where murder charges were brought against a woman seeking a late-stage abortion and the doctors involved.
South Korea’s abortion laws remain unclear following a landmark 2019 Constitutional Court ruling that struck down the country’s long-standing abortion ban. The court gave lawmakers until the end of 2020 to draft new legislation regulating abortion.
Although the government later proposed legislation allowing abortions up to 14 weeks, and up to 24 weeks in special circumstances, the bill stalled in parliament amid opposition from conservative lawmakers. As a result, when the ban formally expired in 2021, no comprehensive regulatory framework had been enacted.
Court Considers Social Circumstances
During the trial, Kwon’s lawyer argued that she was unaware the baby would be killed after delivery. Kwon told the court she had only discovered the pregnancy seven months into gestation and sought an abortion due to financial instability and concerns about potential health issues for the baby, citing alcohol consumption and smoking during the pregnancy.
The judge ruled that Kwon had been informed the baby was healthy and had heard its heartbeat during medical examinations. However, the court also noted the lack of clear legal guidance and social support for women facing late-stage pregnancies, which was taken into account during sentencing.
While acknowledging the severity of the crime, the judge said the legal and social environment surrounding abortion in South Korea contributed to the circumstances leading to the case.
Ongoing Debate Over Abortion Policy
The case has intensified debate in South Korea over the need for clear legislation regulating abortion procedures, particularly regarding gestational limits and medical oversight.
Legal experts and policymakers say the absence of a defined regulatory framework has created uncertainty for both patients and healthcare providers, leaving courts to navigate complex cases without comprehensive guidance from lawmakers.
