South Korean Court Convicts Woman and Doctors in Newborn Death Case

A South Korean court has found a woman and two doctors guilty of murder in connection with the death of her newborn baby.

The woman had sought to terminate her pregnancy at 36 weeks. Prosecutors said the baby was born alive and was later killed.

The surgeon who performed the procedure was sentenced to four years in prison, while the hospital director received a six-year sentence. The woman, in her twenties and identified only by her surname, Kwon, was given a three-year suspended sentence.

The case has drawn widespread public attention in South Korea, where abortion laws remain unclear. Although abortion was decriminalized in 2019, there are still no clear legal guidelines specifying how late in a pregnancy the procedure may be performed.

The prosecution of Kwon and her doctors marks the first time murder charges have been brought against a woman seeking a late-term abortion, as well as against the medical professionals involved.

Prosecutors said Kwon’s baby was delivered alive via Caesarean section and was subsequently placed in a freezer, leading to the infant’s death.

Kwon said she did not know the baby would be treated in that manner.

In 2024, Kwon uploaded a YouTube video describing how she had terminated her pregnancy at 36 weeks. The video sparked public outrage and prompted a criminal complaint from the health ministry. Police later launched an investigation into her and the medical staff involved.

According to prosecutors, after the baby was delivered alive, the hospital director and the surgeon placed the infant in a freezer. Medical staff then allegedly falsified medical records to indicate that Kwon had experienced a stillbirth.

During the trial, both the hospital director and the surgeon admitted to their roles in the baby’s death. They were taken into custody immediately after the verdict was delivered.

Prosecutors also alleged that the hospital had received 1.4 billion won for performing abortions on more than 500 patients, with some referred through brokers.

In January, prosecutors had sought a 10-year sentence for the hospital director and six-year sentences for both Kwon and the surgeon.

Kwon’s lawyer argued that she did not realize the baby would be killed after being delivered. Kwon testified that she had discovered her pregnancy at around seven months and sought an abortion because she lacked a stable income. She also said she was worried the baby might have health problems because she had consumed alcohol and smoked during the pregnancy.

In delivering the verdict on Wednesday, the judge said Kwon had been informed by medical staff that the baby was healthy and that she had heard the heartbeat during an ultrasound. The court found that she knew the baby would be born alive via Caesarean section.

However, the judge said legal uncertainty surrounding abortion in South Korea was taken into account in determining Kwon’s sentence, noting that she had been unable to obtain proper guidance regarding her late-term pregnancy.

The judge added that while the crime warranted severe punishment, the court showed leniency due to insufficient social support for mothers in such circumstances.

In 2019, the Constitutional Court of South Korea struck down the country’s long-standing abortion ban and ordered lawmakers to revise the law by the end of 2020. The court suggested permitting abortions up to 22 weeks of pregnancy.

In 2020, the government proposed allowing abortions up to 14 weeks, and up to 24 weeks in cases involving rape, incest, or health risks. However, the proposal stalled in parliament amid opposition from conservative lawmakers.

When the ban was formally lifted in 2021, no new legislation had been enacted to regulate abortion in the country.

Source : https://www.bbc.com/news/articles/c2k88j5x9wdo