Was probably legal

South Korean woman admits to 9th month abortion

Symbolic image

(Bild: stock.adobe.com)

A South Korean vlogger has claimed in a post that she had an abortion in the ninth month of her pregnancy. As a result, a murder investigation was launched. Even if what the young woman claimed is true, there will probably be no criminal consequences: There are currently no laws in the country that criminalize abortion. 

The woman, who according to CNN is said to be in her 20s, shared her experience in a YouTube video. The National Police launched an investigation into the vlogger in July, and officers also tracked down the doctors who treated her. It is to be investigated whether the offense of murder applies in this case. 

Expert: "Abortion is no longer a crime"
However, the 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 almost four years, South Korea has had no laws regulating when, where and how abortions may be performed. Experts are of the opinion that this opens the door to potential medical errors and makes access to safe abortions more difficult. Both patients and doctors are forced to find their way in a state of legal uncertainty.

The lack of abortion laws poses major problems for those affected.

(Bild: stock.adobe.com/1000words)

Abortion was a criminal offense for six decades
The Asian country had very restrictive abortion laws for 60 years: abortion was considered a criminal offense and could be punished with up to two years in prison. The only exceptions were in cases of rape, incest and endangering the health of the mother or baby. Pregnant women faced a prison sentence of up to one year.

The South Korean Constitutional Court lifted the ban on abortion in 2019 and set a deadline of the end of 2020 to enact new laws. A period of 22 weeks was recommended for a legal abortion. When the deadline expired without legislative action, abortions were effectively legal at any stage of pregnancy.

Police investigate whether baby was born alive
CNN reported, citing police, that hospital records show the baby was stillborn. If there is enough evidence that the baby was born alive, the woman could be charged with murder, said Cho, a law professor. Police in the case are also investigating five other medical staff allegedly involved in the abortion, as well as a suspect who arranged the procedure.