S. Korea's top court rules anti-abortion law 'unconstitutional'

The Korea Times

The Korea Times

National

Thu, November 30, 2023 | 05:53

Health & Science

S. Korea's top court rules anti-abortion law 'unconstitutional'

Posted : 2019-04-11 14:49

Updated : 2019-04-11 16:15

In a historic decision, the Constitutional Court Thursday ruled that the 66-year-old anti-abortion law is "unconstitutional." Yonhap

By Park Si-soo

In a historic decision, the Constitutional Court Thursday ruled that the 66-year-old anti-abortion law is "unconstitutional."

The court said banning women from aborting a fetus in the "early stage of pregnancy" is an "excessive restriction" of a woman's right to self-determination. But the court decided not to abolish the law immediately and demanded the National Assembly amend it by Dec. 31, 2020. This means the anti-abortion law will remain effective until then. The definition of "early stage" will be determined by lawmakers.

Among the nine-member bench, three justices ruled the law was "against the constitution," four "unconstitutional" on the condition the law has to be changed by Dec. 31, 2020; and two "constitutional."

It was the court's response to a 2017 complaint filed by an obstetrician who was charged in 2013 for performing an abortion with the woman's consent.

The doctor claimed that Article 270 of the Criminal Code, which states that a physician shall be imprisoned for up to two years for the offense, infringes the woman's right to free choice.

Aborting a fetus is punishable by a prison term of up to one year or a 2 million-won ($1,750) fine under the Mother and Child Health Law enacted in 1953.

The Constitutional Court maintained the law in a 4-4 vote when it last reviewed its constitutionality in August 2012. Two-thirds of the nine-justice panel were required to reverse the ruling.

Critics have questioned the law's effectiveness since few people are being punished for abortions. According to prosecution data, there have been about 15 indictments for abortion each year since 2015 and many of those charged received suspended sentences.

A Gallup Korea survey last month showed 45 percent of respondents agreed that an abortion is another word for murder, a decline from 53 percent in 2016 and 78 percent in 1994.

In a 2017 survey by Realmeter, 52 percent said the law should be abolished, a reversal from the 53 percent opposition in the 2010 poll.

The court decision comes as Korea struggles to cope with a low birthrate. South Korea's fertility rate, or the average number of children a woman is expected to have, was 0.98 in 2018, the lowest among OECD nations.

pss@koreatimes.co.kr