Between 50,000 – 500,000 clandestine, dangerous, and illegal abortions are carried out every year in South Korea. However, a recent change in law has decriminalised abortions across the East Asian nation, providing a glimmer of hope for women’s rights in a predominately patriarchal society.
HISTORY OF ABORTION LAW IN SOUTH KOREA
In 1953, the Republic of South Korea criminalised abortion under the Korean Criminal Code and for 67 years, anti-abortion laws have been in place in the country.
Self-induced abortions were punishable by fine or imprisonment, and abortions were only permitted under the special circumstances listed under article 14 of the Mother and Child Health Act 1986. These circumstances include where a mother or her spouse suffers from a eugenic or genetic disability, where either suffers from an infectious disease, where the pregnancy is a result of rape or quasi-rape, where the pregnancy occurs between two blood-relatives or is the result of an incestuous relationship, or where continuing the pregnancy may prove harmful to the mother. The consent of the spouse was also required before the abortion could be carried out.
Illegal abortions have been conducted since 1953. Many are dangerous, unhygienic, and even life threatening. Women caught terminating pregnancies were subject to fines of up to ₩2 million (£1348) or up to a year in jail. Medical professionals caught carrying out abortions could face up to two years imprisonment.
DECISION OF THE CONSTITUTIONAL COURT
Women’s rights groups in South Korea have spent many years campaigning for a change in the law through the use of petitions, open letters, and peaceful marches.
In April 2019, seven out of nine judges on the Constitutional Court of Korea ruled that the criminalisation of abortion was unconstitutional, and gave the National Assembly of South Korea until the end of the year to revise the laws regarding abortion. In October 2020, it was announced that a bill would be drafted to decriminalise abortion up to 14 weeks into a pregnancy. Abortion for pregnancies as a result of rape would be permitted between the 15th and 24th weeks. In January 2021, the necessary legislative measures were passed to declare the criminalisation of abortion as unconstitutional and the previous laws have been repealed.
FUTURE OF ABORTION IN SOUTH KOREA
Although abortion has been decriminalised, there is still a long way to go before safe abortions can be carried out on a national basis. The information available regarding safe abortion practices is limited and a lack of regulation is a barrier for those trying to access safe abortions.
There is also the issue of hospitals refusing to offer abortions to certain patients.. A lack of legal recourse is causing confusion amongst many women living in South Korea. Although the laws criminalising abortion have been repealed, they have not been replaced by laws guaranteeing access to abortions.
Finally, although the law is changing, the stigma around abortions remains. Taboos like abortion are rarely discussed in public. Unmarried women who bear children outside of marriage are often ostracised by their families and forced to stay at shelters run by the government, religious groups and adoption centres. Many women are discouraged, pressured, or blackmailed by family members not to terminate pregnancies, and women known to have had abortions may face social exile. The National Human Rights Commission of Korea (NHRCK) stated that in a democratic nation, women are not coerced to get pregnant and, therefore, their right to terminate a pregnancy should be safeguarded also.
Is it integral that the South Korea National Assembly now works towards positively legislating regarding abortion so that the rights of women in South Korea may be safeguarded.
Laiba is a recent LLB Law Graduate from City, University of London. Her interests lie in International Human Rights and International Criminal Law, with a particular interest in unlawful detention, human trafficking and the death penalty.