Hospital Director and Surgeon Detained and Referred for Murder in "36-Week Fetus Abortion" Case

The surgeon who performed an abortion on a 36-week fetus and the hospital director have been handed over to the prosecution while in detention.

The Seoul Metropolitan Police Agency's Criminal Investigation Unit announced on July 4 that it had referred the hospital director, Yoon, a man in his 80s, and the surgeon, Shim, a man in his 60s, to the prosecution in custody on charges including murder.

A YouTuber in her 20s, referred to as A, who posted a video claiming to have undergone the abortion, was referred without detention on charges of murder. Two brokers who introduced A to the hospital were also referred without detention on charges of violating the Medical Service Act.

Yoon and Shim are accused of performing the abortion surgery for A, who sparked controversy last year by sharing her experience of aborting a 36-week fetus on YouTube, and of killing the fetus. It was confirmed that Shim, an obstetrician-gynecologist affiliated with another hospital, performed the surgery.

The police determined that the fetus died after being delivered from A's body. The medical staff who participated in the surgery did not provide the necessary medical care immediately after the birth of the fetus and left the newborn unattended, ultimately causing the newborn's death.

Previously, the police confirmed at two initial consultation clinics that A visited a few days before the surgery that the fetus was healthy. The police also stated that they had secured significant evidence, including seized materials from a search of the surgical hospital and statements from those involved, indicating that the fetus was alive before and after delivery.

Abortion after 24 weeks of pregnancy is illegal under the Mother and Child Health Act. However, since the Constitutional Court's decision of unconstitutionality in April 2019, the criminal provision for abortion has been abolished, leaving no grounds for punishment under the Criminal Act.

The police plan to continue investigating the four medical staff members who participated in the abortion surgery on suspicion of aiding and abetting murder.