South Korean Court Convicts Woman and Doctors in Newborn's Death

A South Korean court has convicted a woman and her two doctors of murder in a case involving the death of a newborn baby. The woman, identified by her surname Kwon, sought to terminate her pregnancy at 36 weeks. Prosecutors argued that the baby was born alive and subsequently killed. The surgeon who performed the procedure and the hospital director received prison sentences of four and six years, respectively, while Kwon received a three-year suspended sentence.

This case has drawn significant attention in South Korea, highlighting the country's ambiguous abortion regulations. Although abortion was decriminalized in 2019, there remains a lack of clear guidelines on the permissible stage of pregnancy for the procedure. The trial marks the first instance of murder charges being brought against a woman seeking a late-stage abortion and the medical professionals involved.

Prosecutors alleged that after the baby was delivered alive via Caesarean section, it was placed in a freezer by the hospital staff, leading to its death. The hospital director and surgeon admitted to the act during the trial and were immediately taken into custody following the verdict. The hospital reportedly received 1.4 billion won for performing abortions on over 500 patients, facilitated through brokers.

Kwon's defense argued that she was unaware of the method by which the procedure would be carried out. She claimed to have discovered her pregnancy late and sought an abortion due to financial instability and concerns about potential birth defects, as she had consumed alcohol and smoked during pregnancy. The court found that Kwon was informed of her baby's health and had heard its heartbeat, indicating her awareness that the baby would be born alive.

The judge acknowledged the legal vacuum surrounding abortion in South Korea, which influenced Kwon's sentencing. The absence of societal support for women in similar situations was also considered, leading to a more lenient penalty. Despite the crime's severity, the judge exercised leniency due to the lack of support for mothers facing such circumstances.

In 2019, South Korea's Constitutional Court overturned a longstanding abortion ban, instructing lawmakers to revise the laws by the end of 2020. The court suggested allowing abortions up to 22 weeks of pregnancy. In 2020, the government proposed legislation permitting abortion up to 14 weeks, or up to 24 weeks in specific cases like health issues or rape. However, the bill stalled in parliament due to opposition from conservative lawmakers, leaving the country without regulatory legislation when the ban was lifted in 2021.