National Human Rights Commission of Korea Annual Report 2020 F. Opinion ‌ to Chairman of National Assembly Regarding Criminalization of Abortion On November 30, the Commission expressed opinion to the Chairman of the National Assembly that, because the government’s proposed revisions to the Criminal Act and the Mother and Child Health Act, which came following a Constitutional Court ruling that abortion ban is unconstitutional, violate women’s right to self-determination, health, life, and reproduction by retaining abortion as a crime, it would be desirable for the National Assembly to maintain that abortion should be decriminalized when reviewing and voting on the proposed revisions. Rather than curbing abortions, its punishment based on the Criminal Act can lead women to resort to unsafe methods because of the perception that abortion is illegal. This, in turn, has negative effects on women’s right to self-determination and to health. Instead of holding women criminally accountable for undergoing abortions, the state should come up with more fundamental solutions, including ways to prevent unwanted pregnancy or enabling women with social and economic means so that they can decide to give birth. The Commission expressed opinion to the Chairman of the National Assembly that, because provisions criminalizing abortion not only risk violating women’s basic rights but also go counter to the trend of decriminalizing abortion in the United Nations and other international organizations, the laws should be revisited so that provisions that criminalize abortion can be removed. It also suggested that, instead of introducing new obstacles to abortion, the legal provisions should be reviewed in such a way that women can effectively exercise their rights to self-determination and to health, with the state offering medical and social assistance throughout the course of pregnancy and childbirth. 4. Key Opinions Submitted Opinion Regarding Constitutional Appeal (2019heonba59) on Death Penalty On December 28, regarding a constitutional appeal (2019heonba59) on the death penalty, the Commission decided to submit opinion that “the death penalty must be abolished as it constitutes an essential violation of the right to life.” 50