from 29.3 (2020) to 17.1 percent.
25. In September 2022, MOGEF reversed its previous position and presented its opinion that
“It is necessary to maintain the current version of the Framework Act on Healthy Family”
in response to a proposed amendment of the Act that changes the term “healthy family”
that connotes a discriminatory implication and deletes the legal definition of a family.
26. In 2022, NHRCK recommended the National Assembly to enact legislation such as the
Life Partnership Act (tentatively named) to stipulate matters concerning the conclusion,
validity, registration, etc. of new forms of life partnerships formed for reasons other than
legal marriage and blood ties.
Question
27. Regarding the amendment of the Framework Act on Healthy Families pending before the
National Assembly, as well as the NHRCK’s recommendations to enact the Life
Partnership Act (tentatively named), please provide information on any progress.
Issue 7: Sexual and Reproductive Health and Rights (SRHR)
Current Status
28. With respect to a constitutional petition (2017 Heonba Case No. 127) on the Criminal Code
to determine whether pregnant women’s right to self-determination is violated, on April
11, 2019, the Constitutional Court ruled that Article 269(1) and 270(1) of the Criminal
Code which punish self-induced abortion and the performance of an abortion by a doctor
at the request or with the consent of a pregnant woman are unconstitutional and ordered
the legislature to amend them by December 31, 2020. In accordance with this ruling, MOJ
and MOHW proposed amendments to the Criminal Code and the Mother and Child Health
Act respectively, but the amendments did not pass the National Assembly. Currently, the
relevant provisions have no legal force.
29. Despite the elimination of the provisions to punish abortions, abortion is not covered by
the National Health Insurance, and the public still perceives that an abortion is illegal. For
safe abortions, access to medical institutions and accurate information on the procedure
are essential.
30. Women have long demanded the introduction of abortion pills, which the Korean
government has been delaying under the pretense of requiring a separate legislation.
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