Abortion Allowed Up to 14 Weeks of Pregnancy... Government to Announce Legislative Notice Tomorrow

On the 11th, in front of the Constitutional Court of Korea in Seoul where the ruling on the unconstitutionality of the abortion law was announced, female activists who had urged the unconstitutionality of the abortion law cheered after hearing the verdict. Photo by Jinhyung Kang aymsdream@

[Asia Economy Reporter Baek Kyunghwan] The government plans to maintain the criminalization of abortion but allow abortion up to 14 weeks of early pregnancy by announcing a legislative notice for amendments to the Criminal Act and the Maternal and Child Health Act.

According to the legal community on the 6th, the Ministry of Justice and other government bodies plan to announce a legislative notice for amendments to the Criminal Act and the Maternal and Child Health Act related to abortion on the morning of the 7th.

This amendment follows the Constitutional Court's decision in April last year that the criminalization of abortion under the Criminal Act, which punishes abortion even in early pregnancy, excessively infringes on the pregnant woman's right to self-determination and is unconstitutional, ordering the revision of related legal provisions by the end of this year. Previously, the Constitutional Court expressed the opinion that a woman's right to self-determination should be guaranteed until around 22 weeks of pregnancy, the point at which the fetus can survive independently outside the womb.

The legislative notice draft centers on not punishing the termination of pregnancy by the pregnant woman up to 14 weeks of early pregnancy. The 14-week period corresponds to the time frame advocated by the justices who issued a simple unconstitutionality opinion during the Constitutional Court decision, emphasizing maximum respect for women's right to self-determination. However, abortion is allowed under certain conditions, such as in cases of sexual crimes, up to 24 weeks of mid-pregnancy.

Meanwhile, in August, the Gender Equality Policy Committee, an advisory body to the Ministry of Justice, also recommended abolishing the criminalization of abortion altogether rather than allowing abortion based on the number of weeks of pregnancy, to guarantee women's right to self-determination regarding pregnancy and childbirth.

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