Key Activities 4. Key Opinions Submitted A. Opinion to Constitutional Court Regarding Illegal Abortion With respect to the constitutional appeal (2017heonba127) related to paragraph 1 of Article 269 and paragraph 1 of Article 270 of the Criminal Act, the Commission on February 25 decided to submit an opinion to the Constitutional Court that penalizing women who get an abortion is an infringement upon the right to informational self-determination, right to health, right to life, and reproductive rights of women. Despite the fact that childbirth has life-changing implications for women, the Criminal Act provides for a complete ban on abortion without exceptions, and the Mother and Child Health Act only offers very limited exceptions where an abortion can be performed. Women have thus been exposed to illegal abortion without guarantees of safety and at the risk of their right to health and right to life. The Commission is of the view that, just as a democratic state cannot force women into pregnancy, women have a right to choose to have an abortion, which should be guaranteed by the state. It also concluded that criminalizing abortion may not be a good public policy as it does not necessarily reduce abortion rates; rather, it can be used to threaten or retaliate against women. Meanwhile, the Constitutional Court on April 11 ruled that the abortion ban under paragraph 1 of Article 269 of the Criminal Act was unconstitutional. B. ‌Opinion Regarding Damage Claim Filed by the State against the Labor Union of Ssangyong Motor Regarding the damage claim filed by the state against the labor union of Ssangyong Motor (Supreme Court 2016da26662,·26679,·26686 merged), the Commission on November 11 decided to submit an opinion to the Supreme Court to urge the judge panel to hear and rule the case in a way that the exercise of the three labor rights is not constrained by the obligation to make excessive damage compensation. In 2009, the labor union and workers of Ssangyong Motor had launched a strike by occupying a plant in opposition to large-scale restructuring. Violent, fiery clashes between the police and 46

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