South Korea’s Abortion Dilemma: Legal Ambiguity Leaves Women in Limbo

By Md. Imran Wahab
March 10, 2024

The intricate predicament surrounding abortion in South Korea results from a multitude of factors involving law, politics, society, and ethics. While the Constitutional Court's decision in 2019 to declare the criminalization of abortion as unconstitutional was a noteworthy advancement for women's reproductive rights, it also recognized the importance of decriminalizing abortion and upholding women's control over their bodies. Nonetheless, the absence of concrete legislative changes following this ruling has left the legality of abortion in a state of ambiguity, causing confusion and moral quandaries for women seeking abortion procedures.

In South Korea, the issue of abortion is a complex and uncertain one, causing difficulties for women like 33-year-old Kim. Despite not wanting to get married or become a mother, Kim found herself unexpectedly pregnant and turned to the internet for information on abortion. However, the advertisements she found varied in price and she was unsure of the legal status of the procedure.

Continued: https://www.legalserviceindia.com/legal/article-15359-south-korea-s-abortion-dilemma-legal-ambiguity-leaves-women-in-limbo.html

10.03.2024

Commentary

Imran Wahab

National Health Insurance Service

South Korea Constitutional Court

South Korea Criminal Act

Abortion in S. Korea: neither illegal nor legal

Despite 2019 Constitutional Court order, revision of abortion laws remains pending in National Assembly

By Lee Jaeeun
March 7, 2024

A 33-year-old woman surnamed Kim, living in Seoul, was taken by surprise when she found out she was pregnant late last year.

With no intention of getting married or having a child on her own, she began searching for hospitals that would terminate the pregnancy for her. While searching online, Kim encountered numerous advertisements and blogs listing prices for abortions by vacuum aspiration. The prices varied according to the stage of pregnancy: 600,000 won ($450) before week 7 and 900,000 won before week 10.

Continued: https://www.koreaherald.com/view.php?ud=20240307050821

South Korea’s Constitutional Right to Abortion

Activists Fought Hard for Change

Lina Yoon, Senior Researcher, Asia Division
June 9, 2022

Abortion was decriminalized in South Korea by court order in 2021, and millions of women breathed sighs of relief.

In April 2019, South Korea’s Constitutional Court had ruled that making abortion a criminal offense was unconstitutional and ordered the legislature to revise the laws by the end of 2020. The judges said women and girls should have up to 22 weeks into their pregnancy to allow “sufficient time to make and carry out a holistic decision.”

Continued: https://www.hrw.org/news/2022/06/09/south-koreas-constitutional-right-abortion

09.06.2022

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Human Rights Watch

South Korea abortion law

South Korea Constitutional Court

South Koria – Cardinal Yeom Soo-jung Raises Concerns over Delayed Revisions to Anti-Abortion Law

2020-12-28

Cardinal Andrew Yeom Soo-jung submitted a statement to National Assembly Speaker Park Byeong-seug on Monday, raising concerns over a delay in parliamentary revisions to the country's anti-abortion law.

The Constitutional Court decided last year that an outright ban on abortion goes against the Constitution, calling for legal amendments by the end of this year to partially allow abortions in the early stages of pregnancy.

Continued: http://world.kbs.co.kr/service/news_view.htm?lang=e&Seq_Code=158555

28.12.2020

News

abortion law reform

Cardinal Yeom Soo-jung

Park Byeong-seug

South Korea abortion law

South Korea Constitutional Court

South Korea’s abortion law revision plan sparks controversy

Conservatives and religious groups are facing off with women's rights organizations in a fierce debate over changes to a 1953 law that makes abortion illegal.

13.10.2020
Julian Ryall

The South Korean government has announced plans to reverse the blanket ban on abortions that was imposed in 1953 and revise the law to permit a termination before the 14th week of a pregnancy. The proposed changes have been strongly criticized by both sides of the argument.

Last week, the government announced that it will alter sections of both the Criminal Act and the Mother and Child Health Act that refer to abortion. The changes will also allow abortions up to a maximum of 24 weeks for women with extenuating medical or economic circumstances, if a genetic disorder is identified in the baby or if they have been the victim of a rape.

Continued: https://www.dw.com/en/south-korea-abortion-controversy/a-55253968

South Korea – Progressive groups, women oppose ‘regressive’ abortion bill

By Park Han-na
Published : Oct 11, 2020

Controversy has intensified over the government’s bill to allow abortion until the 14th week of pregnancy, as progressive groups say the new law would remain in violation of women’s rights and the Constitution.

As a follow-up to the Constitutional Court‘s landmark ruling last year to revise the ban on abortion, the government unveiled its plan on Oct. 7 to press no criminal charges against those who have an abortion until the 14th week of pregnancy.

Continued: http://www.koreaherald.com/view.php?ud=20201011000182

11.10.2020

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abolition of abortion law

abortion law reform

Kwon In-sook

Lawyers for a Democratic Society

Park Ju-min

South Korea Constitutional Court

South Korea – Abortion ban ruled unconstitutional; what should revisions be?

Abortion ban ruled unconstitutional; what should revisions be?

2019-04-21
By Bahk Eun-ji

After the Constitutional Court ruled last week that the country's 66-year-old abortion ban must be lifted, politicians face one of their toughest tasks in revising the relevant law: the legal limitations.

In its ruling, the court said banning abortion in the early stages of pregnancy was "an unconstitutional restriction that violates a woman's right to make her own decisions on personal matters."

Continued: https://www.koreatimes.co.kr/www/nation/2019/04/119_267438.html

South Korean Court Strikes Down Decades-Old Abortion Ban

South Korean Court Strikes Down Decades-Old Abortion Ban

April 12, 2019
Se Eun Gong

A euphoric smile spread across the face of an activist, who goes by the name Jisoo, as she announced in a trembling voice, "It's ruled unconstitutional!"

South Korea's Constitutional Court on Thursday struck down the country's laws prohibiting abortion, a landmark decision challenging the 66-year-old ban that had become increasingly unpopular in recent years.

Continued: https://www.npr.org/2019/04/12/712281726/south-korean-court-strikes-down-decades-old-abortion-ban

12.04.2019

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South Korea Constitutional Court

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South Korea overturns abortion ban in ‘major step forward’ for women’s rights

South Korea overturns abortion ban in ‘major step forward’ for women’s rights
Constitutional court says ban infringes a woman’s ‘right of self-determination’

Adam Withnall and Maya Oppenheim
April 11, 2019

South Korea’s decades-long ban on abortion is unconstitutional, the country’s highest court has ruled, in a landmark decision that paves the way for anti-abortion regulations to be scrapped.

The ban infringed a woman’s “right of self-determination”, the constitutional court said in its ruling, ordering the government to draw up legislation to ease the rules by the end of 2020.

Continued: https://www.independent.co.uk/news/world/asia/south-korea-abortion-ban-court-ruling-constitution-seoul-a8864501.html

11.04.2019

Amnesty International

Moon Jae-in

Roseann Rife

South Korea abortion law

South Korea Constitutional Court

South Korea must end abortion ban by 2020, says court

April 11, 2019

South Korea's ban on abortion has been ruled unconstitutional in a historic court decision. The country's constitutional court ordered that the law must be revised by the end of 2020.

Under the 1953 ban, women who have abortions can be fined and imprisoned, except in cases of rape, incest or risk to their health. Doctors who perform the procedure can also face jail.

Continued: https://www.bbc.com/news/world-asia-47890065

11.04.2019