A South Korean vlogger has stirred significant controversy after claiming to have terminated a pregnancy at nine months. According to CNN, the unidentified woman is now being investigated for murder, in a case that has provoked shock across South Korea and raised urgent questions about the country's abortion laws. The incident has brought attention to the current lack of legislation governing when, where, or how abortions can occur in South Korea.
It was reported by CNN that Seoul National Police began their investigation into the vlogger in July, following a request from the South Korean government after the woman posted a video on YouTube allegedly documenting her abortion experience.
Abortions beyond 24 weeks are generally prohibited in many jurisdictions or are permitted only in exceptional cases. However, South Korea lacks any law regarding the timing, place, or method for conducting abortions. This legal vacuum has existed for the past four years; before that, strict regulations criminalized abortion, making it punishable by up to two years in prison, with only limited exceptions for rape, incest, or threats to the health or life of the mother or baby.
The previous abortion ban in South Korea was overturned in 2019 by the Constitutional Court, which instructed the National Assembly to enact new abortion laws by the end of 2020. The court recommended including a term limit of 22 weeks. However, when lawmakers failed to meet this deadline, the criminal provisions surrounding abortion expired, effectively legalizing abortion at any stage of pregnancy.
In June, South Korea's Ministry of Justice stated on its website that "the direction, details, and timing of the revision" of the country’s abortion laws have yet to be determined. The ministry indicated that discussions with the Health and Welfare Ministry, which oversees the Maternal and Child Health Act, are necessary.
"The Ministry of Justice will do its best to discuss the issue so that the right to life of the fetus, and the right to health and the right to self-determination of the pregnant woman can be harmonized," it added.
Experts have noted that this policy vacuum creates opportunities for potential malpractice and limits access to safe abortions. The National Assembly, by not passing abortion laws, is “not doing its job,” stated Cho Hee-kyoung, a law professor at Hongik University in Seoul. Cho further explained that "if there is no law criminalizing a conduct, then there is no crime for carrying out that conduct."
The lack of clear regulations leaves women and abortion providers operating in a legal grey area, with minimal guidance about permissible actions. Additionally, credible information regarding where to obtain an abortion is scarce, and the procedure is not covered under the public health system, making access to safe and regulated abortion even more challenging for many women.
Reference:
1. Yeung, Jessie. "YouTuber Sparks Outrage in South Korea by Filming Abortion Procedure for Subscribers." CNN, September 20, 2024. https://edition.cnn.com/2024/09/20/asia/south-korea-abortion-youtube-video-intl-hnk/index.html.
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