Abortion legislation returns to spotlight after 7-year limbo

Supporters of a campaign calling for the repeal of Korea's abortion ban celebrate outside the Constitutional Court in Seoul, April 11, 2019, after the court ruled the law unconstitutional. Korea Times photo by Hong In-ki

Seven years after the Constitutional Court struck down the abortion ban in Korea, the country’s stalled effort to establish a new legal framework has returned to the spotlight following President Lee Jae Myung’s call to review the introduction of the abortion pill mifepristone.

The issue stems from legislation left unresolved since the court ruled in 2019 that the criminal provision on abortion was incompatible with the Constitution and ordered lawmakers to revise it by the end of 2020.

Although the criminal provision lost its legal effect after the deadline passed, the National Assembly has yet to pass replacement legislation defining when and under what conditions abortions are permitted.

Lee reignited the issue during a Cabinet meeting on Tuesday, criticizing the government’s handling of mifepristone, commonly known overseas as Mifegyne or Mifeprex, which has not been approved in Korea.

“Even if it creates some difficulties for the government, women should be able to receive the medication under appropriate medical supervision. Leaving the situation as it is now is irresponsible,” Lee said.

He also suggested allowing physicians greater discretion to prescribe the drug until a new legal framework is in place.

The president’s remarks prompted an immediate response from relevant ministries.

A Gender Equality and Family Ministry official said Thursday that the ministry, the Ministry of Food and Drug Safety (MFDS) and the Ministry of Health and Welfare opened interagency talks on Wednesday on the possible introduction of mifepristone.

President Lee Jae Myung asks questions to heads of government agencies during a ministerial briefing at Cheong Wa Dae, Thursday. Joint Press Corps

The drug safety agency said the lack of a clear legal framework has been the biggest obstacle to approving the medication.

“The law does not clearly define the scope or time limits for medication-induced abortions, creating practical difficulties in reviewing the drug’s efficacy, safety and risk management plan,” an MFDS official said Wednesday.

“As the need for its introduction continues to be raised, we plan to continue discussions with the health ministry and the gender ministry.”

The uncertainty dates back to the Constitutional Court’s landmark ruling in 2019.

While the court invalidated the decades-old abortion ban, lawmakers failed to pass replacement legislation before the court’s deadline expired, leaving Korea without comprehensive legal standards governing abortion.

Several bills to revise the Maternal and Child Health Act are currently pending in the National Assembly. The bills vary in how they would set gestational limits, counseling requirements and rules governing medication abortions, but each seeks to fill the legal vacuum left by the Constitutional Court’s 2019 ruling.

The legislative vacuum has also complicated efforts to approve mifepristone. The drug is widely used in over 100 countries and is included on the World Health Organization’s Model List of Essential Medicines.

In Korea, however, an application for marketing approval has remained under review for years.

Women’s rights groups argue that bringing mifepristone into the formal health care system would reduce reliance on illegal distribution channels and overseas purchases, while ensuring safer medical oversight.

The Korean Association of Obstetricians and Gynecologists took the opposite view in a recent statement, saying that introducing the drug without replacement legislation and adequate medical verification “is a dangerous idea that threatens women’s health.”

It added that allowing the drug before safety guidance and a proper distribution system are in place would amount to “turning the public into subjects of a dangerous experiment.”