"No Country for Women" Government's Push to Allow Abortion Within 14 Weeks Sparks Backlash from Women

Government Likely to Allow Abortion Up to 14 Weeks of Pregnancy... Abortion Crime Remains
Women's Groups "Condemn Decision That Ignores Women's Opinions"
Kwon In-sook "Will Propose Amendment to Fully Repeal 'Abortion Crime'"

At a press conference calling for the complete abolition of the 'Abortion Crime' held on the 28th of last month in front of the Sejong Center for the Performing Arts in Jongno-gu, Seoul, a representative from the Joint Action for the Abolition of Abortion Crime for All is holding a placard. Photo by Yonhap News

[Asia Economy reporters Han Seung-gon and Kim Yeon-joo] "On what grounds does the state define an individual's decision to terminate a pregnancy as a crime?", "It is regrettable that women's voices were not reflected at all in the outcome."

As the government announced on the 7th that it would proceed with a legislative notice for amendments to the Criminal Act and Maternal and Child Health Act, maintaining the current abortion law and allowing abortion up to 14 weeks of pregnancy, voices condemning this decision continue to rise among women.

According to the legal community on the 6th, the legislative notice announced by the government that morning maintains the current abortion law but allows abortion up to 14 weeks of pregnancy, and in cases of specific reasons such as sexual crimes, abortion is permitted up to 24 weeks of pregnancy.

This amendment is a follow-up measure after the Constitutional Court issued a constitutional inconsistency ruling earlier this year, ordering the revision of related legal provisions by the end of this year, stating that the 'abortion crime' under the Criminal Act, which punishes early pregnancy abortion as of April 11 last year, excessively infringes on the pregnant woman's right to self-determination and is unconstitutional.

At that time, the Constitutional Court expressed the opinion that the woman's right to self-determination should be guaranteed up to around 22 weeks of pregnancy, when the fetus can survive independently outside the mother's body.

Women have strongly opposed this, arguing that the decision regarding pregnancy termination is being defined by the state, not the pregnant woman. They also unanimously stated that the state should not punish abortion under criminal law.

Representatives of the Joint Action for the Abolition of Abortion Crime for All performing at a press conference urging the complete abolition of the 'abortion crime' held in front of Sejong Center for the Performing Arts in Jongno-gu, Seoul on the 28th of last month. Photo by Yonhap News Agency

Office worker Ham Mo (27, female) said, "Creating a period during which abortion is allowed may seem like a progressive result, but this too means the state does not recognize women's right to self-determination," adding, "Above all, it is regrettable to define a woman's decision to abort for various reasons as a crime."

Ham said, "When discussing abortion-related issues, 'right to life' is emphasized, but isn't a woman's life also life?" and "Looking at the government's legislative notice, I feel there is no country for women."

According to a recent survey on the abolition of abortion crime conducted by four major women's organizations?the Korea Sexual Violence Counseling Center, Korean Women's Associations United, Korean Women's Movement United, and Korea Women's Hotline?99.2% of respondents opposed punishment for abortion crime.

Office worker Lee Mo (28, female) said, "There are concerns that legalizing abortion will increase misuse cases, but which woman would take abortion lightly?" and "Unless abortion crime is abolished, the suffering endured by women and the children born from unwanted pregnancies and births will not disappear."

In August, the Gender Equality Policy Committee, an advisory body to the Ministry of Justice, also recommended abolishing abortion crime to guarantee women's right to self-determination, and women's organizations are demanding full abolition, so backlash is expected.

On the 28th of last month, the Joint Action for the Abolition of Abortion Crime for All (Monakpae) held a joint declaration at Gwanghwamun Square, calling for the complete abolition of abortion crime.

Monakpae pointed out, "It has been revealed that the government considered setting the permissible abortion period to around 14 weeks," adding, "Setting it at 14 weeks essentially means keeping the abortion crime intact and only minimally allowing the permissible period, and the state still regards pregnancy termination as a crime." They also added that the 14 weeks set by the government is a short time in which it is difficult to clearly recognize pregnancy or decide and carry out pregnancy termination.

Last April, members of civil society organizations advocating for the abolition of the abortion law embraced each other after holding a press conference related to the Constitutional Court's ruling of unconstitutionality on the abortion law in front of the Constitutional Court in Jaedong, Jongno-gu, Seoul. Photo by Yonhap News

In response, some in the political sphere have announced plans to propose a bill aimed at the complete abolition of abortion crime under the Criminal Act.

Democratic Party lawmaker Kwon In-sook criticized the government's legislative notice on the Criminal Act and Maternal and Child Health Act amendments in a post on her Facebook on the 7th, calling it "a clear historical regression that revives the abortion punishment provisions that had become obsolete and were recognized as unconstitutional."

Kwon said, "This is completely contrary to last year's recommendation by the Ministry of Justice's Gender Equality Policy Committee to decriminalize abortion and guarantee women's reproductive health rights," adding, "It is a decision that does not reflect the voices of women who want safe pregnancy termination from unwanted pregnancies and births, nor the public's changing awareness demanding decriminalization of abortion."

She continued, "After a certain period, it is not a matter of the permissible scope of pregnancy termination but a matter to be judged based on the doctor's medical judgment and the pregnant woman's decision regarding delivery," and "I will promptly propose amendments to the Criminal Act and Maternal and Child Health Act for women's safe pregnancy termination."

The amendments to the Criminal Act and Maternal and Child Health Act that Kwon is promoting include ▲ complete deletion of 'abortion crime' under the Criminal Act ▲ removal of the limit on artificial pregnancy termination surgery under the Maternal and Child Health Act ▲ introduction of medical abortion, among other provisions.

Meanwhile, Monakpae plans to hold a press conference on the 8th to urge the complete abolition of abortion crime.

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