[K-Women Talk] Legislative Gap in Abortion... Protecting Women's Health Rights

The criminalization of abortion, which had been part of the Criminal Act since 1953, was ruled unconstitutional by the Constitutional Court in April 2019. It was a momentous event after 66 years. For women, it was another archaic regulation as powerful as the family registry system (hojuje) that was finally lifted. However, unlike the swift legislative reforms that followed the abolition of hojuje, there has been no progress whatsoever in the follow-up legislation to abolish the abortion crime even after four and a half years. The legislative deadline set by the Constitutional Court, December 31, 2020, has long passed.

As a result, miscarriage-inducing drugs of uncertain authenticity are being illegally promoted and distributed online, infringing on women's health rights. In the legal vacuum, international NGOs that had been assisting women with Mifegyne have been blocked by the government. Mifegyne is recognized by the World Health Organization (WHO) as an essential medicine and is legally approved in 95 countries. The medical field is also complaining about the confusion caused by the legislative gap, and some women are struggling with the cost of abortion procedures. Nevertheless, the National Assembly and government have left this lawless situation unattended, forcing individual women to bear the burden. Immediately after the unconstitutional ruling, the National Assembly held forums and meetings to amend the Criminal Act and the Maternal and Child Health Act, and various types of bills were proposed based on these discussions, but both the Legislation and Judiciary Committee and the Health and Welfare Committee remain at a standstill. Although it was not expected that consensus would be easily reached due to significant differences in views on the legal abortion period, it was also unforeseen that such a critical women's and public livelihood issue affecting women's lives would be neglected for so long. However, there is a glimmer of hope from the practical discussions held in the Health and Welfare Committee subcommittee last September, where the opinion to prioritize drug use and counseling support was expressed.

To advance the discussion, it seems necessary to refer to several countries that have traveled this long road, especially France. France, with a relatively high total fertility rate of 1.8, is a country where women can freely decide on abortion up to 12 weeks of pregnancy without conditions. As clearly shown in the book by Simone Veil, who served as France’s Minister of Health in 1974, titled "Women Must Decide, Not the State," France has consistently amended its laws over more than 40 years from the perspective of guaranteeing self-determination. It began with a five-year temporary law permitting abortion in 1975, followed by the approval of the abortion drug mifepristone (RU 486) in 1988, and later abortion surgery costs were covered by insurance. The government established an abortion website to actively provide accurate information and has implemented strict regulations to punish acts that obstruct abortion both online and offline. Furthermore, recent reports indicate that discussions on constitutional amendments regarding women's voluntary freedom to terminate pregnancies are underway.

Since circumstances vary by country, it may be difficult for us to apply all the good legislative examples from abroad at once. However, at the very least, the current situation where the state infringes on women's health rights due to legislative delays needs to be resolved quickly. Before the general election, during the remaining regular session of the National Assembly, even a single legislative achievement based on the Constitutional Court’s ruling should be presented to women.

April 10 next year is the day to vote for the new National Assembly. Female voter turnout is on the rise, and women under 50 have higher turnout rates than men. Women now express their demands through their votes. When the demands for women's health rights are heeded, women's votes will respond.

Cha In-soon, Adjunct Professor at Paichai University

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