Supreme Court: "Even if abortion punishment is impossible, claiming sequelae nursing benefits is illegal"

[Asia Economy Reporter Kim Daehyun] A gynecologist who performed abortion surgeries before the Constitutional Court's decision of constitutional inconsistency on the abortion crime clause and claimed medical expenses for treatment of aftereffects from the National Health Insurance Service was sentenced to a fine.

On the 16th, the Supreme Court Division 1 (Presiding Justice Lee Heung-gu) announced that it upheld the previous ruling sentencing gynecologist A, who was indicted on charges including fraud, to a fine of 10 million won in the final appeal.

Gynecologist A was prosecuted for performing about 70 abortion surgeries from November 2013 to July 2015 and submitting false medical records to the National Health Insurance Service with diagnoses such as "menstrual disorder, unspecified" or "acute inflammatory disease of the uterus" to claim medical benefits.

In response, A's side admitted to performing the abortion surgeries but argued that the claims for medical benefits were not for the abortion surgeries themselves but for treatment of aftereffects following the surgeries, thus denying any intent to commit fraud.

The first trial court found all charges against A guilty and sentenced him to one year in prison, one year suspension of medical license, with a two-year probation period.

However, between the first and second trials, the Constitutional Court issued a decision of constitutional inconsistency regarding the abortion crime, leading to conflicting judgments related to abortion surgeries. In April 2019, the Constitutional Court ruled the abortion crime clause unconstitutional. At that time, the Court ordered the revision of Article 269 Paragraph 1 "self-induced abortion" and Article 270 Paragraph 1 "abortion by a doctor or others" of the Criminal Act by the end of 2020, but since the National Assembly did not submit a revision bill, the relevant provisions automatically lost effect from January 1 of this year.

Accordingly, the second trial court acquitted A of the charge of professional abortion but found him guilty of fraud and violation of the Medical Service Act, sentencing him to a fine of 10 million won.

The Supreme Court also agreed with this judgment and dismissed the appeal.

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