Prosecutors Seek 10 Years for Hospital Director, 6 Years for Mother in '36-Week Abortion' Case

Prosecutors Seek Prison Sentences for Hospital Director, Surgeon, and Mother
Mother's Side Denies "Intent to Commit Murder"

Prosecutors have requested a 10-year prison sentence for the director of an obstetrics and gynecology hospital accused of killing a 36-week-old fetus under the pretense of an abortion procedure. A six-year prison sentence was also sought for the YouTuber mother who requested the surgery.

Seoul Central District Court, Seocho-gu, Seoul. The Asia Business Daily DB

On January 26, during the final hearing at the Seoul Central District Court’s Criminal Agreement Division 33 (Presiding Judge Lee Jinkwan), prosecutors requested a 10-year prison sentence, a fine of 5 million won, and the forfeiture of 1,105,160,000 won for Yoon, the hospital director in his 80s, who was indicted on charges including murder.

For the surgeon Shim, in his 60s, and the mother Kwon, in her 20s, who were indicted together, prosecutors sought six years in prison each. For the two brokers who referred patients, they requested sentences ranging from one year and six months to three years, as well as the forfeiture of 311,950,000 won.

Prosecutors pointed out that the medical staff "committed a serious crime by infringing on the right to life of the fetus by exploiting a legal loophole." Regarding the mother, Kwon, they stated, "If the fetus was stillborn, it would have been appropriate to ask the medical staff to confirm the death, but she did not inquire at all," adding, "It is reasonable to believe that she was at least indirectly aware of the fetus’s death after the surgery."

The defendants strongly denied any intent to commit murder. The hospital director’s attorney appealed for leniency, citing the defendants’ lifelong dedication to saving lives, their advanced age, and health conditions.

The mother's side also argued, "If there had been intent to murder, there would have been no reason to upload the video to YouTube for the whole world to see," and countered that "the defendant is also a victim due to institutional gaps, such as the lack of support systems for pregnancy and childbirth."

They added, "The requirements for murder under the Criminal Act are not met, so the defendants are not guilty," and further argued, "Even if found guilty, the court should consider the principle of fairness, as no other mother who has undergone an abortion has been punished for murder."

Yoon and Shim are accused of performing a cesarean section on Kwon, who was 36 weeks pregnant last June, then placing the fetus in a prepared square bag and putting it in a freezer, resulting in its death. Yoon is also charged with falsifying the mother’s medical records and manipulating the stillbirth certificate for issuance.

Investigations revealed that, to address the hospital’s financial difficulties, Yoon received referrals for 527 abortion patients through brokers from August 2022 to last July, collecting approximately 1.46 billion won.

The court is scheduled to deliver its first-instance verdict on these individuals on March 4.