A South Korean court has given a suspended prison sentence to a woman convicted in connection with an abortion at the 36-week mark that resulted in the death of a viable fetus.

The court also noted that the outcome might have been different if the state had made greater efforts to improve the economic and social conditions that hinder pregnancy, childbirth and child-rearing.

Ultrasound images and a fetal heartbeat graph from in a YouTube video posted by Kwon / Courtesy of the Seoul Central District Prosecutors’ Office.

The Seoul Central District Court on Wednesday found the woman, identified only by her surname Kwon, guilty of murder and sentenced her to three years in prison, suspended for five years.

Two doctors involved in the procedure were also convicted of murder. The fetus was delivered by cesarean section when the pregnancy was between 34 and 36 weeks, after which it was placed in a freezer. They were also accused of falsifying a stillbirth certificate after a video posted by Kwon showing the procedure drew widespread public attention.

The hospital director was sentenced to six years in prison, along with a fine of 1.5 million won ($1,000) and a forfeiture order of 1.15 billion won, while the operating surgeon received a four-year prison term.

Investigators found that the hospital director had performed 527 abortion procedures between August 2022 and July 2024, receiving about 1.46 billion won in fees.

While abortion after 24 weeks of pregnancy is prohibited under Korean law, abortion itself cannot currently be prosecuted because the Constitutional Court struck down the country’s abortion law in 2019 and lawmakers have failed to enact a replacement.

The key issue in the trial was whether Kwon had intended to kill the fetus. Kwon’s lawyers argued in closing statements that she had only been told by an acquaintance that the baby would be stillborn.

But the court found that intent existed, noting that she had confirmed the fetus had a normal heartbeat before the procedure and had signed documents consenting to the handling of the remains. Judges also said she had searched for hospitals and costs related to the procedure but found no evidence she had explored childbirth support services or adoption options.

Source: Korea Times News