[In-Depth Look] Abolition of Abortion Law, What Would Jesus Say?

Last year, the Constitutional Court ruled that Articles 269 and 270 of the Criminal Act, which punish abortion, are inconsistent with Article 10 of the Constitution that guarantees human dignity. Until now, unless the abortion fell under the exceptions stipulated in Article 14 of the Maternal and Child Health Act, it was unconditionally punishable under the Criminal Act. However, the ruling states that these provisions excessively punish women’s abortion decisions based on their inherent dignity.

As a result, the enforcement of the Criminal Act provisions punishing abortion has been temporarily suspended. The legislature must enact new laws to replace the abortion punishment provisions by December this year. However, the Constitutional Court’s ruling itself does not mean unconditional decriminalization of abortion. It means that the scope of abortion punishment should be minimized, considering the woman’s position. Therefore, there are signs that debates surrounding abortion punishment will resurface.

In any case, there is little time left to create substitute legislation by the end of the year as mandated by the Constitutional Court. Yet, many lawmakers who have been vocal about women’s autonomous decision-making and advocated for decriminalizing abortion remain silent as if they have swallowed honey. It seems their minds are tangled with political calculations of gains and losses. Even though government legislation (by the Ministry of Justice) involves more complicated procedures, there is little sign of lawmakers stepping forward with their own bills. On the other hand, those who cling to the fetus’s right to life seem to be waiting for a bill that decriminalizes abortion. This is because, due to the Constitutional Court ruling, there is an atmosphere that the abortion crime itself will disappear or the scope of punishment will be drastically reduced.

Jaehoon Jeong, Professor, Department of Social Welfare, Seoul Women's University

But let’s make one thing clear here. We cannot continue with the confrontation framework of ‘right to life versus right to decide.’ As long as this framework is maintained, women who decide on abortion become ‘bad women who kill life.’ Korean society has created too many ‘bad women, life-killing women’ so far. Moreover, through the state-led and successfully pushed ‘family planning projects’ in the 1970s and 1980s, more than one million fetuses were officially aborted. This is the result of the so-called ‘MR (Menstrual Regulation) project.’ During the developmental dictatorship era, religion did nothing but formal resistance. It remained silent.

Meanwhile, Articles 269 and 270 of the Criminal Act have become dead laws. Millions of women, deciding alone and entrusting their bodies to obstetricians alone, became ‘bad women, life-killing women.’ Korean society did nothing for women who had no choice but to decide on abortion due to social and economic reasons. All the men who could have been the fathers of the child ran away. And only those protecting the fetus’s right to life, who can throw stones at women who chose abortion anytime, remained. What would Jesus say in this situation? From the perspective of the concept of life defined by religion, abortion may be a sin. But if Jesus asked who could cast the first stone at that sin, who could step forward?

There is a religious fear that abortion itself disregards the precious life given by heaven. However, from the secular perspective of living in the present, abortion must be considered. This is a society that cannot guarantee conditions to properly give birth and raise a child, whether alone or with a partner. Who can confidently throw stones at women who had abortions? Now is not the time to raise voices for punishing abortion.

If a woman is to give birth, her so-called reproductive rights of motherhood?money, housing, employment?must be guaranteed so she can raise the child confidently even alone. Pregnancy should not become a curse but a blessing, and women struggling alone should be able to visit state-run or certified counseling centers. Only after that is it not too late to talk about abortion punishment.

Professor, Department of Social Welfare, Seoul Women’s University

This content was produced with the assistance of AI translation services.