A South Korea abortion case that exposed legal gaps in late-term pregnancy law has ended with a woman’s acquittal, while two doctors kept murder convictions.
South Korea abortion case headlines returned Thursday after an appeals court acquitted a woman who had been convicted of murdering the baby she delivered in hospital. The ruling marked the latest turn in a case that has stirred national debate over the country’s unclear rules on late-stage pregnancy termination.
The woman, identified by her surname Kwon, had sought to end her pregnancy at 36 weeks. Prosecutors said the baby was born alive and later killed. Kwon was convicted in March alongside two doctors and given a three-year suspended prison sentence. On appeal, the court cleared her while leaving the doctors’ murder convictions in place.
The hospital surgeon’s sentence was cut from four years to two-and-a-half years. The hospital director’s prison term was reduced from six years to four. Both doctors admitted during the trial that they killed the baby. Prosecutors said the infant was placed in a freezer until death and that hospital staff later altered Kwon’s medical records to make it appear as though she had a stillbirth.
“A South Korea abortion case that exposed legal gaps in late-term pregnancy law has ended with a woman’s acquittal, while two doctors kept murder convictions.”
The South Korea abortion case first surfaced in 2024 after Kwon, then in her 20s, posted a YouTube video about trying to terminate a pregnancy at 36 weeks, just over eight months. That led to public outrage, a complaint from the health ministry, and a police investigation. It also became the first time murder charges had been brought against a woman seeking a late-term termination, along with the doctors involved.
Kwon’s lawyer said she did not know the baby would be killed after being removed from her womb, and that point was central to her appeal. The trial judge in March had found that she knew the baby would be born alive by Caesarean section, but the appeals court said that may not have been the case because a broker had told her the baby would be stillborn. Kwon also told the court she learned of the pregnancy seven months in and wanted an abortion because she had no stable income and feared birth defects after drinking alcohol and smoking during pregnancy.
The case has highlighted a legal gap that opened after South Korea’s Constitutional Court struck down the country’s abortion ban in 2019. The court suggested lawmakers permit abortions up to 22 weeks, but new legislation stalled amid opposition from conservative lawmakers on religious grounds. When the old ban fully lapsed in 2021, the country was left without clear rules. Amnesty International Korea welcomed Kwon’s acquittal but said the gap has left pregnant people without proper legal protection or access to essential care. The bottom line: South Korea’s abortion law still lacks clarity, and that uncertainty is now shaping courtroom outcomes.
Frequently asked questions
What did the appeals court decide in Kwon’s case?
The court acquitted Kwon while leaving the two doctors’ murder convictions in place. It also reduced the doctors’ prison sentences.
Why was Kwon charged in the first place?
Prosecutors said she sought to end a 36-week pregnancy, the baby was born alive, and was later killed. The case became the first in which murder charges were brought against a woman seeking a late-term termination and the doctors involved.
What did Kwon argue on appeal?
Her lawyer said she did not know the baby would be killed after being removed from her womb. The appeals court said she may not have known because a broker had told her the baby would be stillborn.
Why has this case drawn wider attention in South Korea?
It exposed a legal gap after the Constitutional Court struck down the abortion ban in 2019. New legislation stalled, and when the old ban fully lapsed in 2021, South Korea was left without clear rules on abortion.
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