Opposition Voices Against the 'Legislative Notice' Abortion Law Amendment... Government Likely to Push Original Bill

Full Abortion Allowed Period Set at 14 Weeks Shorter Than 22 Weeks Suggested by Constitutional Court
Consultation and Reflection Period for Socioeconomic Reasons Also Criticized
High Likelihood of Constitutional Challenge Before Revised Law Takes Effect

On April 11 last year, when the Constitutional Court ruled the punishment provisions for abortion unconstitutional, women's group representatives expressed their stance on the Constitutional Court's decision in front of the Constitutional Court in Jongno-gu, Seoul. Photo by Jinhyung Kang aymsdream@

[Asia Economy Reporters Seokjin Choi and Hyunju Lee] The government has finalized the punishment provisions for abortion and announced a legislative notice, expressing its intention to revise the law within the year, but the controversy is just beginning.

Those who strongly express opinions on abortion law are divided between complete abolition or full allowance, but the government's proposal is closer to a 'compromise' that dissatisfies both sides.

The government's decision to limit the allowed period to '14 weeks of pregnancy,' differing from the Constitutional Court's legal opinion suggesting '22 weeks of pregnancy,' is also a point of contention.

Additionally, the government's inclusion of 'socioeconomic reasons' as grounds for allowance and the stipulation of 'consultation procedures at public health centers' as presumed conditions have drawn criticism for "contradicting the intent of the Constitutional Court's decision."

However, the government plans to push forward with the legislation of the finalized proposal after inter-ministerial discussions, raising the possibility that the constitutionality of the amendment may be challenged again at the Constitutional Court.

The Ministry of Justice announced on the 7th that it has jointly issued a legislative notice with the Ministry of Health and Welfare and other related ministries regarding amendments to the Criminal Act and the Maternal and Child Health Act related to abortion.

The amendment to the Criminal Act allows abortion unconditionally up to 14 weeks of pregnancy and permits it under certain conditions, including previously unallowed socioeconomic reasons, from 15 to 24 weeks.

The amendment also presumes that a pregnant woman has socioeconomic reasons if she has undergone the counseling procedures stipulated by the Maternal and Child Health Act and a 24-hour reflection period. However, women's groups have pointed out that this could be misused as a procedure to persuade women seeking abortion.

In April, the Constitutional Court ruled the Criminal Act Article 269 Paragraph 1, which punishes self-induced abortion by women, and Article 270 Paragraph 1, which punishes abortion by doctors, as unconstitutional.

It also set a standard to determine the allowable abortion period within 22 weeks of pregnancy, the point at which the fetus can survive independently, to ensure that pregnant women have sufficient time to exercise their right to self-determination regarding pregnancy continuation and childbirth.

However, the Ministry of Justice decided to reflect the minority opinion (three members) advocating full allowance within 14 weeks of pregnancy in the legislation.

The Ministry of Justice, which has opposed the abolition of abortion laws and considered the positions of religious groups strongly opposing the expansion of abortion allowances, seemed reluctant to fully accept the intent of the Constitutional Court's unconstitutional ruling.

Therefore, it appears that the focus was initially on removing the unconstitutionality of 'comprehensive and uniform punishment' pointed out by the Constitutional Court. Some analyze this as an initial step toward 'complete abolition of abortion laws.'

However, by maintaining the almost obsolete abortion law provisions and only expanding the scope of allowance, the legal community is skeptical about whether abortions after 24 weeks, as proposed in the amendment, will unconditionally be subject to punishment in the future.

Regarding this amendment, the coalition of women's and civic groups called 'Joint Action for the Abolition of Abortion Laws for All' plans to hold a press conference on the 8th advocating for the complete abolition of abortion laws.

Na Young, co-executive director of the coalition, said, "Many sexual violence victims have missed the pregnancy term while prosecuting perpetrators and confirming guilty facts," and added, "France also had a reflection period but removed it entirely in 2015." Regarding the addition of socioeconomic reasons, she said, "It places the burden of proof on women again."

Opponents of abortion law abolition argue that this bill has the same effect as full allowance of abortion, citing that 98% of abortions in Korea occur within 12 weeks of pregnancy.

Bae Jeongsun, head of the Pro-Life Women's Association, said, "Socioeconomic reasons can practically cover all conditions, so abortion is allowed unconditionally up to 24 weeks."

Although the controversy is expected to intensify, the government plans to expedite procedures such as review by the Ministry of Government Legislation and submission to the Cabinet meeting to complete the law revision within the year.

They cited the social atmosphere that makes it difficult to hold additional public hearings on the amendment, as the bill was already created through discussions among five ministries. Therefore, there is a high possibility that a constitutional complaint (constitutional review petition) will be filed with the Constitutional Court before the amended law is enforced.

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