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Issue 3. Optional Protocol to the Convention on the Rights of the Child on a
communications procedure (Third Optional Protocol)
1) Current status
7. The government was recommended to join the Third Optional Protocol to the
Convention at the Second Universal Periodic Review in 2012. The government responded
that it was reviewing the necessity for and impact of ratification.
2) Questions
8. Please provide information on the progress of the review on the accession to the Third
Optional Protocol. Does the government have a plan to join the third Optional Protocol?
2. Responsibility of State Parties
Issue 4. Legislation
1) Current status
9. The Committee has recommended to the government to review its legislation on
abortion to ensure full compliance with the principle of best interests of children in the third
and fourth Concluding Observations. The Mother and Child Health Act permits abortion in
limited cases: where the pregnant woman or her spouse suffers from any eugenic or genetic
mental or physical disability; where she or her spouse suffers from any contagious disease;
where she is impregnated by rape or quasi-rape; where pregnancy is taken place between
relatives by blood or by marriage; and where the maintenance of pregnancy severely injures
the health of the pregnant woman. Except for the aforementioned cases, abortion is illegal
under the Criminal Act. As for juveniles, in many cases they are not qualified for the
aforementioned permissions and might be exposed to the risk of covert abortion,
abandonment of babies and forced adoption (para. 8).
10. In August 2018, when the Ministry of Health and Welfare amended the related
regulation to prescribe the abortion operation as one of “immoral medical treatment” and
impose an administrative measure of one month suspension of qualifications, the Korean
Association of Obstetricians and Gynecologists announced complete refusal of abortion
operation as a whole. According to the material submitted by the Ministry of Food and Drug
Safety to the National Assembly of the Republic of Korea (hereinafter, National Assembly) in
October 2018, the rate of uncovered illegal selling of abortion inducing drugs on-line