South Korean Woman and Doctors Convicted in Historic Late-Term Abortion Murder Case

A South Korean woman and two medical professionals have been convicted of murder in a case that has ignited widespread debate over abortion laws and ethical medical practices. The trial centered on a late-term procedure in which a 36-week-old infant was born alive via caesarean section before being placed in a freezer and left to die. Prosecutors argued that the baby was not stillborn, as medical records later falsely indicated, but was deliberately killed after delivery. This marks the first time in South Korean history that murder charges have been applied to a woman for what authorities described as a late-term termination, alongside the doctors involved.

The woman, identified only by her surname Kwon, is in her 20s and testified during the trial that she was unaware the procedure would involve killing the infant. In 2024, Kwon posted a YouTube video discussing her decision to terminate the pregnancy at 36 weeks, which led to a police investigation. Prosecutors said that after the baby was delivered alive, the hospital director and surgeon allegedly placed the child in a freezer, where it later died. Hospital staff then altered Kwon's medical records to conceal the live birth, making it appear as though the pregnancy had ended in stillbirth.

During the trial, both the hospital director and the surgeon admitted to the killing and were immediately taken into custody after the verdict. Prosecutors alleged that the hospital had received 1.4 billion won (approximately $1.2 million) from over 500 patients seeking abortions, with many of those women, including Kwon, referred through intermediaries. The case has raised concerns about the role of brokers in facilitating late-term procedures and the potential exploitation of vulnerable individuals.

In January, prosecutors requested a 10-year prison sentence for the hospital director, along with six-year terms for Kwon and the surgeon. Kwon's legal team argued that she had not been informed the baby would be killed after delivery. She told the court she had discovered her pregnancy seven months into the term and sought an abortion due to financial instability. Kwon also claimed she feared the baby might have health issues, citing her alcohol and tobacco use during pregnancy.

The judge in the case acknowledged that Kwon had been informed by medical staff the baby was healthy and had heard its heartbeat during an ultrasound. However, the court noted that Kwon knew the procedure would involve a live birth via caesarean section. The ruling took into account the legal ambiguity surrounding abortion in South Korea, where the lack of a clear regulatory framework has left women in similar situations without sufficient guidance or support.

South Korea's abortion laws have been in flux since 2019, when the Constitutional Court overturned the country's ban, mandating legislative reform by the end of 2020. The court recommended allowing abortions up to 22 weeks, but the government's 2020 proposal limited abortions to 14 weeks, with exceptions for health risks or cases of rape. The bill stalled in parliament due to conservative opposition. As of now, no comprehensive legislation has been enacted, leaving the country's abortion policies in a legal vacuum.

Globally, 72 countries, including France and Germany, permit abortions up to 12 weeks, with some exceptions allowing procedures later in pregnancy. In the UK, for example, abortions can be performed up to 24 weeks, and in cases of fetal disabilities, termination is permitted until birth. These international comparisons highlight the complexity of balancing reproductive rights with ethical and legal considerations. South Korea's current legal limbo has left its citizens navigating a system where late-term abortions exist but lack clear oversight, raising questions about accountability and public health outcomes.