In the so-called "36-week fetal abortion" case, a court on the 4th sentenced the hospital director who carried out the abortion procedure to six years in prison after finding the director guilty of murder. The doctor who performed the surgery was sentenced to four years in prison, and the mother received a three-year prison term suspended for five years.
The Criminal Division 33 of the Seoul Central District Court (Presiding Judge Lee Jin-gwan, Director General judge) held the first-trial sentencing hearing that day for the hospital director, a person surnamed Yoon, and the mother, a person surnamed Kwon, on charges including murder and handed down these sentences. Yoon was also fined 1.5 million won and ordered to forfeit about 1.15 billion won. The two medical staff members who received prison terms were taken into custody in court after their bail was revoked.
The case began in Jun. 2024 when suspicions arose that Kwon, who was 34 to 36 weeks pregnant, delivered a fetus by cesarean section at Yoon's hospital and then killed the fetus by placing it in a freezer. The controversy grew after Kwon posted a review on the YouTube channel she ran following the surgery, and police then launched an investigation.
Yoon, facing hospital management difficulties, decided to raise revenue through abortion procedures, and from Aug. 2022 to Jul. 2024 was found to have earned a total of 1.46 billion won after receiving referrals for 527 abortion patients from brokers.
The court found that the murder charges against the hospital director, the operating surgeon, and the mother were all established in connection with the procedure. At the time of the abortion procedure, the fetus had been delivered outside the mother's body through the surgery, had a normal heartbeat, and had no other abnormalities, indicating a possibility of survival, the court said. It also said, "Kwon received care at several obstetrics and gynecology clinics and confirmed the fetal heartbeat through an ultrasound examination," adding, "In this situation, signing a consent form delegating the handling of the fetal remains to the clinic and going through with the surgery suggests Kwon also knew it would lead to the fetus's death."
However, the court also said it could not place full responsibility for the crime of murder solely on them. After the Constitutional Court's 2019 decision of constitutional nonconformity, the provisions of the Criminal Act related to abortion lost effect, but because the National Assembly failed to pass follow-up legislation, a legislative vacuum and confusion continued.
The court also said, "The Special Act on Support for Crisis Pregnancy and Protected Childbirth and Child Protection, which protects pregnant women in crisis facing social and economic hardships, did not take effect until Jul. 2024, so Kwon did not receive state protection," and added, "It appears that due to a misdiagnosis at the time of pregnancy, Kwon learned of the pregnancy only right before the crime, and it is difficult to rule out the possibility that Kwon committed the crime believing that childbirth would make both Kwon and the child unhappy."
Even so, the court added, "It is only right that Kwon be severely punished," but also said, "Determining that social and legal measures for pregnant women in crisis are lacking, we are imposing a suspended sentence of imprisonment in this case only."
Meanwhile, a person surnamed Han, who was indicted on charges of referring mothers to Yoon, was sentenced to one year in prison and ordered to forfeit 219.95 million won. A person surnamed Bae, who worked with Han, was each sentenced to 10 months in prison, suspended for two years, and ordered to forfeit 92 million won.