It has been six and a half years since the Constitutional Court issued a decision of constitutional inconsistency on the crime of abortion, but the National Assembly has not amended the related law. In the legislative vacuum, abortion medications are being transacted illegally, and side effects are growing.
According to data obtained from the Ministry of Food and Drug Safety by the office of National Assembly member Jeon Jin-suk of the Democratic Party of Korea on the 21st, abortion medications were illegally sold or advertised online 3,242 times from 2020 through last year. Sales took place on social media (SNS) and secondhand transaction sites.
Abortion medications transacted online cannot be verified for authenticity, and medication guidance is not properly provided. There is also a possibility of side effects such as abdominal pain, vomiting, and bleeding. Still, it is difficult to hold anyone accountable or visit a medical institution for treatment, due to concerns that the drug purchase could be exposed.
In April 2019, the Constitutional Court issued a decision of constitutional inconsistency on the Criminal Act provision penalizing abortion. It asked the National Assembly to amend the law by the end of the following year, saying an immediate ruling of unconstitutionality could cause confusion. The court presented a specific standard, saying abortion could be permitted up to 22 weeks of pregnancy at most, but the National Assembly did not process the amendment.
Even though the crime of abortion has disappeared, the act of transacting abortion medications remains illegal. Under the Mother and Child Health Act, abortion methods are limited to surgery, and there are no provisions regarding drugs. Abortion surgery is only allowed in cases such as sexual violence or genetic disorders. Women seeking abortions are relying on medications purchased illegally online.
The World Health Organization (WHO) has designated abortion medications as essential medicines. They are sold in more than 90 countries, including the United States, the United Kingdom, and France. Jeon said, "The government recently finalized the introduction of abortion medications as a state agenda," adding, "We must not turn a blind eye to women's health rights."