Court Accepts Obstetrics Specialist as Witness in '36-Week Abortion' Appeals Trial

Hearing to Conclude After Witness Testimony on June 23

In the appeals trial of a hospital director, operating surgeon, and the mother involved in the abortion of a 36-week-old fetus—who were sentenced to prison in the first trial—the court has decided to conduct witness questioning of an obstetrics and gynecology specialist.

On the morning of May 12, the Criminal Division 5 of the Seoul High Court (Presiding Judge Kim Yongseok) held the first hearing of the appeals trial for five defendants, including hospital director Yoon, operating surgeon Shim, and the mother Kwon, who were indicted on charges of murder and violation of medical law. The court decided to accept the application from Kwon’s side to call obstetrician Dr. Oh as a witness.

Kwon’s legal team explained their reason for requesting the witness, stating, “The original verdict appears to have been based on the perception that late-term pregnancy termination is only theoretically possible and should not actually be performed.” They intend to present expert testimony on the specific procedures of mid-to-late term abortions as practiced in medical settings and the psychological state of the mother, aiming to prove that the defendants did not have implied intent to commit murder. The prosecution objected, arguing that the specialist’s opinion should only be considered as a reference, but the court did not accept this argument.

In the first trial, the court found that, since the fetus was expelled at a point where survival was possible and had thereby become a ‘living person,’ the crime of murder could be established. Yoon was sentenced to six years in prison and fined 1.5 million won. The court also ordered the forfeiture of approximately 1.15 billion won in criminal proceeds. Shim was sentenced to four years in prison and was taken into custody in court. Kwon was found to be an accomplice to the murder and was sentenced to three years in prison, suspended for five years.

On this day, each defendant explained the reasons for their appeal. Director Yoon’s legal team argued that the sentence was unfair and that the money received for the surgery should not be considered criminal proceeds subject to forfeiture, claiming this was a legal misunderstanding. Surgeon Shim emphasized that the incident did not occur due to disregard for life, and that he was not involved in any attempt to cover up the incident after the fact. Kwon’s side denied intent, stating, “Because a cesarean section was performed, it was perceived as a stillbirth after delivery.”

This case came to public attention after Kwon uploaded a video about her abortion experience on YouTube, sparking controversy over whether it constituted murder. The Ministry of Health and Welfare filed a complaint with the police in July 2024, which led to the start of the investigation.

The court plans to conduct witness questioning of the specialist at 2:10 p.m. on June 23, after which the hearing will be concluded.

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