South Korean court acquits woman in late-term abortion case amid ongoing legal void

A recent appellate court ruling in South Korea has acquitted a woman charged with late-term abortion, but the decision underscores the persistent legal and ethical chaos surrounding reproductive rights seven years after the Constitutional Court declared the existing abortion ban unconstitutional. The Seoul High Court overturned a lower court's conviction of murder against the woman, citing a lack of intent. However, convictions against the hospital director and the physician involved were reduced but upheld, revealing the complex legal landscape.

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Women seeking abortions and those who assist them are treated as potential criminals rather than patients. This criminal punishment is more likely to delay medical access, increase inequality, and expand 낙인 and health risks rather than protect women's sexual and reproductive health rights.

Medical professionals and rights advocates argue that the prolonged legislative vacuum has created a dangerous environment for both women seeking abortions and the doctors providing care. "Women seeking abortions and those who assist them are treated as potential criminals rather than patients," stated Oh Jeong-won, vice chairwoman of the Doctors' Association for Human Rights. She criticized the current system for potentially delaying medical access, increasing inequality, and exacerbating health risks and stigma.

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For seven years, there has been no clear medical guideline, no sufficient counseling system, and no safe medication. In this vacuum, patients have been pushed outside the safe medical system, and they alone have had to bear the consequences.

The lack of clear medical guidelines and support systems since the 2019 ruling has left women navigating a precarious situation. "For seven years, there has been no clear medical guideline, no sufficient counseling system, and no safe medication," said Kim Ju-hee, an activist with Nursing Fem. "In this vacuum, patients have been pushed outside the safe medical system, and they alone have had to bear the consequences."

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The fact that there is still no healthcare system to safely handle abortions and no specific medical guidelines is a problem. Clear guidelines are needed on what procedures and methods medical professionals should apply depending on the gestational week and patient's condition to reduce confusion in the field and protect women's reproductive rights and health.

Calls are mounting for the government to establish concrete medical guidelines and a responsible legislative framework. Activists emphasize that the focus should be on clear national directives for medical professionals, rather than leaving decisions to individual physician discretion. This, they argue, is crucial for reducing confusion in medical settings and safeguarding women's reproductive rights and health.

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If the Ministry of Health and Welfare and the Ministry of Food and Drug Safety had reviewed the safety and international guidelines of 'abortion-inducing drugs' over the past seven years and created clear government guidelines on what guidance medical professionals should provide to women seeking abortions, individuals would not have faced the risk of punishment like this.