A South Korean vlogger has claimed in a post that she had an abortion when she was nine months pregnant. A murder investigation has subsequently been launched. Even if what the young woman claimed is true, it is unlikely to result in any criminal consequences: there are currently no laws in the country that criminalize abortion.
The woman, who is believed to be in her twenties according to CNN, shared her experiences in a YouTube video. The National Police launched an investigation into the vlogger in July and the officers also tracked down the doctors who treated her. It must be investigated whether the crime of murder was committed in this case.
Expert: “Abortion is no longer a crime”
But investigators would have to find evidence of crimes other than late-term abortion, as legal expert Cho Hee-kyoung explained, “because abortion no longer exists as a crime.”
For nearly four years, South Korea has had no laws regulating when, where and how abortions can be performed. Experts say this opens the door to potential medical malpractice and makes access to safe abortions more difficult, forcing both patients and doctors to navigate a state of legal uncertainty.
Abortion was a criminal offense for sixty years
The Asian country had very restrictive abortion laws for 60 years: terminating a pregnancy was considered a criminal offense, punishable by up to two years in prison. The only exceptions were after rape, incest, and endangering the health of the mother or baby. Pregnant women risked a prison sentence of up to one year.
South Korea’s Constitutional Court lifted the abortion ban in 2019 and set a deadline of late 2020 to pass new laws, recommending a period of 22 weeks for legal abortion. When the deadline passed without legislative action, abortions were effectively legal at any stage of pregnancy.
The police are checking whether the baby was born alive
CNN reported, citing police, that hospital records showed the baby was stillborn. If there is enough evidence that the baby was born alive, the woman could be charged with murder, law professor Cho said. Police are also investigating five other medical workers who are believed to have been involved in the abortion, as well as a suspect who arranged the procedure.
Source: Krone

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