Controversy Over Maintaining Abortion Law Continues... Women's Groups 'Oppose' Fears of Abortion Misuse if Fully Abolished

Government Maintains Abortion Ban... Conditional Approval for 15-24 Weeks Pregnancy Based on Requirements
Concerns Over Abortion Misuse? Not Confirmed in Countries Like Canada with Full Abolition
Women's Groups Demand "Complete Abolition of Abortion Ban"

On the morning of the 8th of last month, members of the Joint Action for the Abolition of Abortion Crimes for All held a press conference to announce their position on the government's legislative notice of the amendment to the Criminal Act and the Maternal and Child Health Act in front of the Blue House Fountain in Jongno-gu, Seoul. Photo by Yonhap News

[Asia Economy Reporter Kim Ga-yeon] As the government announced a legislative amendment maintaining the punishment for abortion and allowing abortion only up to 14 weeks of pregnancy, voices from citizens demanding the complete abolition of the abortion law are growing louder. Amid ongoing controversy over the retention of the abortion law, some argue that completely abolishing the abortion law could lead to misuse and abuse. Women's groups condemned the retention of the abortion law as an attempt to control women's bodies.

The Constitutional Court (Constitutional Tribunal) ruled last April that the criminalization of abortion under the Criminal Act was unconstitutional. At that time, the court judged that the 'abortion law' in the Criminal Act, which punishes abortion in early pregnancy, excessively infringed on the pregnant woman's right to self-determination and recommended that a revision be prepared by December 31.

The Gender Equality Policy Committee, an advisory body to the Ministry of Justice, also recommended abolishing the abortion law in August to guarantee women's right to self-determination regarding pregnancy and childbirth. The committee stated, "The abolition of the abortion law is a global trend. Women should be guaranteed the right to have a healthy and safe pregnancy, termination, and childbirth, and conditions should be created for fetuses to be born and grow up healthy and safe," emphasizing that abortion should not be allowed differently based on the gestational age.

Accordingly, the government announced a legislative amendment last month on the 7th, maintaining the abortion law under the Criminal Act but allowing abortion up to 14 weeks of early pregnancy. The amendment to the Criminal Act and the Maternal and Child Health Act includes provisions that allow women to decide on pregnancy continuation or childbirth within 24 weeks of pregnancy, but abortion is permitted by distinguishing between 14 weeks and 24 weeks.

According to the amendment, women can decide to have an abortion within 14 weeks of pregnancy without specific reasons or procedural requirements such as counseling, but between 15 and 24 weeks, conditional abortion is possible if there are social or economic reasons in addition to the reasons allowed under the Maternal and Child Health Act.

The current Maternal and Child Health Act permits abortion within 24 weeks only if the pregnant woman or her spouse has genetic or infectious diseases, pregnancy due to sexual crimes or incest, or if the pregnant woman's health is at risk. In practice, even if a woman does not want to give birth, abortion is difficult from 15 weeks of pregnancy.

On the morning of the 16th of last month, students from the National University Student Joint Action for the Abolition of Abortion Law held a press conference demanding the complete abolition of the abortion law in front of the National Assembly in Yeouido, Seoul. Photo by Yonhap News

As a result, debates among citizens continue around the government's legislative amendment maintaining the abortion law. Some citizens who support the abortion law argue that "complete abolition of the abortion law could lead to misuse and abuse."

On the other hand, women criticize this by saying, "The claim of misuse and abuse is not valid because pregnancy termination involves physical side effects and adversely affects women's health," and "Such claims themselves are evidence of not respecting women's right to self-determination and right to survival." There are also calls to recognize pregnancy termination not as 'fetal murder' or an act that imposes guilt on women, but as a medical service.

However, in other countries that have completely abolished the abortion law, no phenomenon of 'abortion misuse and abuse' has been reported. Canada completely abolished the abortion law in 1988, and France passed an amendment to the Bioethics Law (les Lois de Bioethique) in the lower house last September, allowing pregnancy termination throughout the pregnancy period due to women's psychological and social distress.

Na Young, co-executive director of the Joint Action for the Abolition of the Abortion Law for All (Monakpae), said at a press conference in August, "Since the 1988 Federal Supreme Court ruling that completely decriminalized abortion in Canada, pregnancy termination accounts for 11% of all cases, most of which occur within 12 weeks, and termination after 21 weeks is 0.7%," emphasizing, "There are voices demanding regulatory measures such as restrictions based on gestational age and reasons, but these only delay the timing of pregnancy termination by requiring excessive proof processes and procedures, pushing women into worse conditions."

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

A 24-year-old college student A attending a women's university in Seoul said, "Allowing abortion completely does not mean forcing all pregnant women to undergo surgery. It is about giving women the right to choose their own bodies," and questioned, "Why do people who support the abortion law not respect women as lives?"

Office worker B (29) also said, "The idea that pregnancy termination could be misused is nonsense," and pointed out, "People who did not criticize female fetus abortion in the past are now invoking misuse to infringe on women's right to self-determination, which is terrible."

He added, "The government, which intends to criminalize women with the abortion law despite the constitutional unconstitutionality ruling, sees women not as human beings but only as tools for childbirth."

Earlier last month, a national petition urging the complete abolition of the abortion law was posted in the National Assembly. The petition met the requirement with over 100,000 signatures on the 3rd.

Women's groups defined the abortion law as an infringement on women's right to self-determination and bodily control and called for its complete abolition. Monakpae held a press conference on the 5th in front of the Sejong Center for the Performing Arts in Jongno-gu, Seoul, condemning, "The government's formal pretext-building meetings that do not gather women's opinions on the abortion law are repeated."

Kim Soo-kyung, head of the Women's Department of the Korean Confederation of Trade Unions, criticized, "The government overlooks that women's pregnancy termination is a matter of safety and right to life," and said, "The Ministry of Health and Welfare should not use us as a tool to produce another (showcase) report under the pretext of listening to women's opinions."

The 'Declaration of 1.6 Million Nationwide University Students Joint Action for the Abolition of the Abortion Law,' composed of feminist clubs from over 20 universities nationwide, also held a 'Period for the Abortion Law' rally on the 7th in front of Yeongdeungpo Station in Seoul, arguing, "The abortion law stigmatizes women as criminals. It is wrong to shift all responsibility to women and punish them."

Kim Young-woo, executive director of the joint action, said on the day, "Historically, the abortion law has been used as a tool to implement the state's population policy and was variably applied according to government plans. Women have existed not as autonomous humans but only as tools for pregnancy and childbirth and as subjects of criminal punishment." He also pointed out, "The Moon Jae-in administration's legislative amendment announcement is a declaration that the state will maintain control over women's bodies."

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