Abortion Law

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The Constitutional Court ruled that the current law that punishes all abortions, regardless of the duration of pregnancy, is unconstitutional. This is the first decision made on the anti-abortion law in 66 years, since 1953.

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​The Constitutional Court made its abortion ruling for the first time in seven years, and the decision was different from 2012. The Justices ruled the current law that unilaterally punish both doctors who perform abortions and the women who undergo the procedure was unconstitutional.

[Soundbite] Yoo Nam-seok(Chief Justice, Constitutional Court) : "It's all unconstitutional. These clauses will continue to be effective until legislators revise them by Dec. 31, 2020."

The Constitutional Court determined that punishing pregnant women for getting abortions regardless of the fetal development stage, violates women's right to self-determination. However, the Justices added abortions cannot be legalized immediately. The National Assembly has to revise the relevant legal clauses by the end of next year. The revisions will determine how far into pregnancy women can abort their fetuses and decide what type of socio-economic reasons for terminating pregnancy are acceptable. The Constitutional Court mentioned that 22 weeks is the maximum limit for abortions. A fetus is deemed viable on its own after this period, so before reaching that point, a pregnant woman's decision must be respected. The Court's decision is likely to put a stop to all investigations and trials on abortions. The Ministry of Justice announced that it respects the Constitutional Court's latest ruling and pertinent ministries will work together to carry out follow-up measures.