Ministry of Justice Yangpyeong Committee Recommends "Abolishing 'Abortion Crime' in Criminal Law"

On the 11th, the Constitutional Court's Grand Bench in Jongno-gu, Seoul, held a ruling session on the constitutionality of the abortion law, presided over by Chief Justice Yoon Nam-seok. Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Wondara] The Ministry of Justice's Gender Equality Policy Committee has recommended that the Ministry of Justice prepare a revision bill to abolish the 'crime of abortion' in the Criminal Act. This is a follow-up measure after the Constitutional Court ruled the abortion law unconstitutional and ordered related laws to be amended by the end of the year.

On the 21st, the Gender Equality Policy Committee stated in a press release, "To decriminalize abortion, a revision bill to abolish Chapter 27 (Crime of Abortion) of the Criminal Act should be prepared." However, they suggested supplementing Article 270, Paragraphs 2 and 3, which punish those who cause injury to women by performing abortion without the woman's request or consent, by placing it under Chapter 25 (Crimes of Injury and Assault).

The committee also recommended a comprehensive revision of the Maternal and Child Health Act. The committee explained, "Distinguishing punishment standards by pregnancy period into allowed, conditionally allowed, and disallowed abortion is contrary to the clarity of criminal punishment standards and lacks effectiveness," adding, "It is necessary to guarantee the rights to equality, health, safety, and happiness in pregnancy, pregnancy termination, and childbirth, and to support the fetus to be born, grow, and develop healthily, safely, and happily."

The committee analyzed that if these recommendations are implemented, "it will contribute to the enhancement of women's human rights such as self-determination regarding pregnancy and childbirth, sexual and reproductive health rights, and the realization of gender equality," and "it will reduce the avoidance of marriage, pregnancy, and childbirth, increase equal, healthy, safe, and happy childbirth and birth, thereby improving the quality of life of the people and contributing to social development such as the realization of a welfare society."

Earlier, in April, the Constitutional Court ruled that the Criminal Act provisions punishing women who had abortions and doctors performing them excessively infringed on women's right to self-determination and were unconstitutional, ordering the National Assembly to amend related laws by December 31 of this year. The Women's Rights Committee of the Lawyers for a Democratic Society welcomed the Gender Equality Policy Committee's recommendation in a statement, calling it "the correct direction for revising the law to guarantee women's fundamental rights."

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