[The Police File]36-Week Abortion Vlog: The Truth Is Not What Matters

Recently, controversy has arisen after a woman uploaded a video documenting her abortion procedure on YouTube. The woman posted a video on her YouTube channel stating that she underwent an abortion surgery at 36 weeks of pregnancy. Although the authenticity of the video has not yet been confirmed, the Seoul Metropolitan Police Agency's Criminal Mobile Unit has launched an investigation following a request from the Ministry of Health and Welfare. The Seoul Medical Association also requested a police investigation into the surgeon. The police are considering applying murder charges if the abortion was performed after the fetus had emerged from the womb.

However, it is unclear whether the woman will face punishment. If the abortion occurred after labor had begun, it could be considered the killing of a fetus, but if the abortion was performed while the fetus was still inside the womb and resulted in a stillbirth, there is no legal basis for punishment under current law.

In April 2019, the Constitutional Court ruled the criminalization of self-induced abortion and physician-performed abortion unconstitutional. At that time, the court set a deadline for legal revision by the end of 2020, but the National Assembly failed to amend the law within the deadline. The court also judged that the Maternal and Child Health Act, which specifies exceptions for abortion, was too restrictive and excessively infringed on women's right to self-determination.

Abortion-related bills have been discussed multiple times in the National Assembly but were all discarded due to expiration at the standing committee stage. In November 2020, the Ministry of Justice announced a draft amendment to the Criminal Act allowing abortion within 14 weeks of pregnancy and permitting abortion up to 24 weeks under certain conditions, but this became ineffective as the 21st National Assembly ended. In effect, abortion has become legalized.

Meanwhile, the number of abortions has steadily increased. According to the Korea Institute for Health and Social Affairs' "2021 Abortion Status Survey," the number of abortions rose significantly from 26,985 cases in 2019 to 32,063 cases in 2020, after the "unconstitutionality" ruling.

Of course, there have been punishments related to abortion. In 2021, the Supreme Court upheld a sentence of 3 years and 6 months imprisonment for an obstetrician-gynecologist who was prosecuted for murder and other charges after a fetus at 34 weeks was born alive during an abortion surgery but died. However, the abortion charge, which was convicted in the first trial held in April 2020, was acquitted following the Constitutional Court's decision. This is also why the mother at the center of the current controversy is unlikely to be punished for abortion.

Setting aside the current controversy, the fact that legal revisions have not been made for over five years is problematic. Moreover, it is necessary to consider that this issue is directly related to human life. Without laws, guidelines cannot be established, and in such a reality, the human rights of both the mother and the fetus cannot be guaranteed. Although the decision was made to protect human rights, ironically, the legal vacuum is restricting those rights.

It is now time for responsible parties in society, including the National Assembly, government, and medical community, to take action. In many major countries around the world, abortion has emerged as a key election issue, and active discussions are taking place throughout society. The authenticity of the video at the center of this controversy is not important. Whether the mother will be punished is also irrelevant. The core of this controversy is that laws must be revised now to prevent such incidents from recurring.