Supreme Court: Doctors Who Performed Abortions Before Abortion Law Ruled Unconstitutional Are Not Guilty

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that doctors who performed abortion procedures before the Constitutional Court declared the abortion law unconstitutional should not be punished. This is the first time the Supreme Court has finalized a not guilty verdict for abortion procedures based on the Constitutional Court's decision.

On the 12th, the Supreme Court's 2nd Division (Presiding Justice Noh Jeonghee) overturned the lower court's ruling and acquitted obstetrician-gynecologist Dr. A, who was on trial for performing an abortion under the charge of professional commissioned abortion. Both the first and second trial rulings, which had suspended sentencing for Dr. A, were overturned.

In 2013, Dr. A was prosecuted for performing an abortion at the request of a woman who was five weeks pregnant.

The first trial sentenced Dr. A to six months in prison and one year of license suspension with a suspended sentence. A suspended sentence is a system where sentencing is postponed for a certain period for defendants with minor offenses, and if no specific incidents occur during that period, the defendant is not punished.

Dr. A appealed on the grounds that there was no illegality, but in 2017, the second trial upheld the original ruling and dismissed the appeal.

This situation changed in April 2019 when the Constitutional Court ruled the abortion law unconstitutional. At that time, the Constitutional Court ordered the revision of the criminal law provisions penalizing abortion by the end of 2020, but since the National Assembly did not submit a revision bill, the relevant provisions automatically lost effect as of January 1 of this year.

The Supreme Court acquitted Dr. A. The court stated, "According to Article 47, Paragraph 3 of the Constitutional Court Act, when an unconstitutional ruling is made on a penal law provision, that provision loses its effect retroactively," and "the court must acquit the defendant in cases prosecuted under that provision."

It added, "Since the facts of this case do not constitute a crime, the first trial's guilty verdict against Dr. A was unlawful."

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