In a startling revelation, a South Korean blogger has claimed to have terminated her pregnancy at 36 weeks, or nine months, prompting an investigation for murder. The claim, made public through a YouTube video, has sparked outrage and horror across the nation.
The Seoul National Police launched an investigation into a woman in July at the South Korean government’s request after she posted a YouTube video allegedly documenting her abortion experience, as reported by police to CNN.
Legal vacuum in abortion regulations
Abortions after 24 weeks are prohibited in many places or allowed only in exceptional cases, such as fetal abnormalities or risks to the mother’s health.
For over 60 years, performing an abortion in South Korea was considered a crime punishable by up to two years in prison, with few exceptions for cases involving rape, incest, or threats to the health of the mother or fetus.
Pregnant women who choose to have an abortion could also face up to one year in jail.
However, in 2019, South Korea’s Constitutional Court struck down this ban, giving the National Assembly until the end of 2020 to introduce new abortion laws, recommending a 22-week term limit.
When the legislature missed this deadline, the criminal provisions regarding abortion lapsed, effectively legalizing abortion at any stage of pregnancy.
Cho Hee-kyoung, a law professor at Hongik University in Seoul, criticized the National Assembly, stating that by not establishing abortion laws, it is “not doing its job.” She added, “If there is no law criminalizing a conduct, then there is no crime for carrying out that conduct.”
Currently, South Korea has no laws regulating when, where, or how abortions can occur, and this has been the case for nearly four years.
This legal void, according to experts, not only increases the risk of malpractice but also restricts access to safe abortions, leaving women and healthcare providers to navigate a landscape of legal ambiguity.
In a joint statement, a coalition of 11 South Korean women’s organizations and NGOs condemned the government for targeting women who undergo abortions instead of improving access to abortion care.
In June, South Korea’s Ministry of Justice acknowledged the lack of clarity and expressed the need for consultation with the Health and Welfare Ministry. “The Ministry of Justice will do its best to discuss the issue so that the right to life of the fetus, and the right to health and the right to self-determination of the pregnant woman can be harmonized,” it stated.
Challenges in accessing abortion services
Despite the absence of a formal ban, the lack of regulation creates a grey area, complicating access to credible abortion services. As reported by CNN, information on where to obtain an abortion remains elusive, leaving many in uncertainty.
This case underscores the urgent need for South Korean lawmakers to address the legal and ethical complexities surrounding abortion, ensuring clarity and safety for all involved.