Responding to today’s conviction of a woman who had an abortion later in pregnancy, Amnesty International’s Deputy Regional Director Sarah Brooks said:
“Abortion is essential healthcare and a human right under international human rights law and standards – it is not a crime. Today’s ruling highlights the impossible position pregnant people and medical providers are placed in due to the ongoing legal vacuum surrounding abortion in South Korea.
“The National Assembly has failed to reform abortion laws in line with the Constitutional Court’s orders in 2019, which has deprived pregnant people of access to vital healthcare. Due to this lack of regulation, pregnant people might be pushed towards exploitative and unregulated medical practices, experience undue delays or lack access to essential healthcare altogether.
“The dignity of women and girls, and of everyone who can become pregnant, must be respected and placed at the core of any legal framework on abortion. The South Korean government must immediately amend the Mother and Child Health Act, dismantling all barriers that deny women and girls their sexual and reproductive health and rights.”
Background
On 4 March 2026, the Seoul Central District Court sentenced a woman who had been charged with murder for undergoing a later abortion to three years in prison, suspended for five years. She was also ordered to complete 200 hours of community service.
The doctor who performed the procedure was sentenced to four years in prison, while the hospital director received a six-year prison sentence and a fine of 1.5 million won (1,012 US dollars). Two helpers were sentenced to one year and ten months in prison, respectively, both suspended for two years.
In June 2024, a 26-year-old South Korean woman terminated a pregnancy at approximately 34 to 36 weeks’ gestation at a clinic in Incheon. Due to a pre-existing medical condition, she claimed she had only discovered the pregnancy four days prior to the procedure. She documented her experience and hospitalization in a YouTube vlog, which subsequently went viral.
As the video gained public attention, the Ministry of Health and Welfare commissioned the police to investigate the case and petitioned for “severe punishment”. In January 2026, prosecutors sought to charge the woman, along with the medical staff and people who helped arrange the abortion, with “premeditated murder”. The prosecution had requested a six-year sentence for both the woman and the doctor who performed the procedure, 10 years for the hospital director and a three-year sentence and one year and six-month sentence for the two helpers.
In 2019, the Constitutional Court ruled the ban on abortion to be unconstitutional and ordered the National Assembly to amend the law by the end of 2020. While abortion remains decriminalized, the National Assembly has yet to enact new regulatory frameworks thus undermining pregnant people’s access to vital healthcare.
