Criminal Code to delete the provision before the abortion law becomes ineffective107) for
complete abolition of the crime of abortion.
The women's community expressed the opinion that abortion should be completely
decriminalized and the abortion issue should be approached as an area of reproductive
health, public health service, and application of social security system. They are demanding
the application of health insurance to medical practices related to abortion, the introduction
of a prompt abortion induction system,108) and creating a legal system to establish a health
care system for safe termination of pregnancy.109) On the other hand, some in the medical
community have presented the view that abortion without restrictions should be allowed
only up to 10 weeks of pregnancy110) in response to the government legislation allowing
abortion up to 14 weeks. They have also asserted to recognize medical personnel's right to
refuse surgery and opposing the full application of health insurance.
On the other hand, the provisions of the Criminal Act and the Mother and Child Health Act
related to abortion or termination of pregnancy are sometimes expressed as a “legislative or
policy vacuum.” Due to the lack of guidelines in practice, various important matters, such as
refusal of artificial abortion, operable pregnancy period, whether consent of the other party
is required, and policy on the cost of operations, etc., are left to the private hospitals to make
autonomously decisions. As a result, there is an opinion that among women, social
minorities, such as teenagers and the disabled, are placed in an unequal situation when
accessing medical services and information.
As a result, some argue that the government should first take possible measures to protect
women who choose to terminate pregnancy,111) policies that include the application of
health insurance, the introduction of an abortion inducer, and the creation of medical
guidelines for safe procedures. However, the government authorities, such as the Ministry of
Health and Welfare and the National Health Insurance Service, have expressed their
107) Co-sponsored by Rep. Park, Ju-min and 11 others, Bill No. 2105847, Nov. 27, 2020.
108) Abortion pill is a drug that can stop pregnancy at a relatively low cost without worrying about special side effects.
109) Network to Guarantee the Right to End Pregnancy Safely, Aug. 17, 2022.
110) Joongang Ilbo, Korean Society of Obstetrics and Gynecology refutes the amended Abortion Act – Abortion should
be allowed within 10 weeks of pregnancy, Oct. 19, 2020.
111) MBC, Self-search to end pregnancy — still chaos in the dark, Jun. 30, 2022.
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