Infanticide Sentences Reduced Compared to Ordinary Murder
Calls to Increase or Abolish Sentences
Support for Unmarried Parents Also Needed
[Asia Economy Reporter Oh Gyumin] Around 3 p.m. on the 22nd, a cleaner working at a motel in Seoksu-dong, Manan-gu, Anyang-si, Gyeonggi-do was startled while cleaning a guest room. She found "something" wrapped in towels inside the bathroom cabinet. It was the body of a male infant. The cleaner informed the motel staff, who then reported it to the police. It was later revealed that the infant had been killed by his biological mother.
A single mother in her 20s, Ms. A, gave birth to the child around 2 a.m. on the same day, killed the baby, and fled. The police tracked CCTV footage and arrested Ms. A around 11 p.m. at a motel in Yeongdeungpo-gu, Seoul, where she was with an acquaintance. Ms. A reportedly stated, "I have been living without a fixed residence for several years, and I do not know who the father of the baby I killed is," and "I found out I was pregnant when the birth was imminent and committed the crime because I was unable to raise the child."
On the 16th, a single mother in her 20s, Ms. B, who neglected her newborn causing its death and abandoned the body in a garbage bag, was sentenced to probation. It was revealed that on May 27 of last year, Ms. B wrapped her newborn in pants, placed the baby in a garbage bag, and abandoned it inside her home in Yeosu, Jeollanam-do. According to the prosecution, she committed the crime out of fear that her parents and boyfriend would find out, and she testified that she was distressed by an unwanted pregnancy and childbirth.
Although the number of single parents is decreasing due to factors such as declining birth rates, infant homicide and abandonment cases continue. According to Statistics Korea, the number of single parents nationwide decreased from 30,489 in 2017 to 26,652 last year. The number of crimes classified as infant homicide (including attempts) under the Criminal Act (police statistics) was 8 in 2017, 7 each in 2018 and 2019, 6 in 2020, and 7 last year. Cases of infant abandonment (including instigation, aiding, and injury due to abandonment) decreased by about half from 168 in 2017 to 77 last year.
Some argue that the reason infant-related crimes persist is because "punishments are too lenient." Infant homicide, specified in Article 251 of the Criminal Act, is punishable by imprisonment of up to 10 years. The article states that if the crime was committed to conceal disgrace, if the perpetrator anticipated being unable to raise the child, or if there are mitigating circumstances, the sentence is reduced compared to ordinary murder.
This law is known to have reflected the special circumstances of the post-Korean War period when the Criminal Act was enacted in 1953. There is growing support for increasing the penalties or abolishing the infant homicide law to reflect the changed times. In fact, last year, Representative Baek Hyeryun of the Democratic Party proposed a revision to the Criminal Act aimed at abolishing the infant homicide and infant abandonment laws.
On the other hand, some believe that punishment alone is not the solution and that support for single parents should be prioritized. Oh Youngna, head of the Korea Single Mothers Support Network, said, "Support during pregnancy for single mothers is particularly lacking," adding, "Because single mothers face difficulties such as housing instability and pressure from those around them to have an abortion, support is necessary to prevent such incidents and accidents."
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