Hospital Director and Surgeon Admit to Murder Charges in 36-Week Abortion Case... Mother Denies Conspiracy
Murder Charges After Cesarean Delivery
Mother Claims "No Conspiracy to Commit Murder"
The hospital director and doctor, who were indicted and detained on charges of killing a 36-week-old fetus by performing a cesarean section and then placing the newborn in a freezer, admitted to all charges in court. The mother also acknowledged the purpose of abortion and the fact of death, but claimed that she did not conspire to commit murder.
On September 18, the 33rd Criminal Division of the Seoul Central District Court (Presiding Judge Lee Jinkwan) held the first trial for Yoon, the hospital director in his 80s, Shim, a university hospital doctor in his 60s who performed the surgery, and Kwon, the mother in her 20s, who were all charged with murder and other offenses.
According to the prosecution's investigation, Yoon and Shim are accused of performing a cesarean section on Kwon, who was 34 to 36 weeks pregnant in June of last year, delivering the fetus, then covering the newborn with a pre-prepared surgical drape and placing it in a freezer, resulting in its death.
In particular, Yoon is also accused of falsifying Kwon's medical records to make it appear as a stillbirth by writing "bleeding and abdominal pain," and issuing a false medical certificate. Additional charges include failing to obtain approval from the local district office for changes to major hospital facilities, and receiving a total of 1.46 billion won after being introduced to 527 patients by brokers.
During the investigation, Yoon and Shim admitted only to the charges other than murder and issuing false medical certificates. However, at the trial, their defense attorney stated, "We admit to all charges in the indictment."
The attorney for Kwon, who underwent the abortion procedure, said, "It is true that the fetus, approximately 34 to 36 weeks old, died as a result of the procedure requested for the purpose of abortion, but there was no conspiracy to commit murder." While acknowledging the outcome, the defense disputed the element of intent.
This case began when Kwon, the mother, uploaded a video related to abortion on YouTube. Subsequently, controversy arose over whether aborting a 36-week-old fetus constituted murder, and the Ministry of Health and Welfare filed a complaint with the police in July last year, prompting an investigation.
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Under current law, abortion is permitted up to 14 weeks of pregnancy, and from 15 to 20 weeks only for medical reasons. After 20 weeks, the procedure is not allowed and is subject to criminal penalties under the Criminal Act.
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