A South Korean court has convicted a woman and two doctors of murder after a baby delivered via caesarean section was placed in a freezer and left to die, in a case that has drawn national attention over the country’s unclear abortion laws.
Prosecutors said the infant was born alive at 36 weeks before the killing occurred. Medical records were later altered to falsely indicate that the baby had been stillborn.
The woman, identified only by her surname Kwon and believed to be in her 20s, had shared a video on YouTube in 2024 describing how she terminated her pregnancy at 36 weeks. The video triggered a police investigation into the procedure and the medical personnel involved.
According to prosecutors, after the baby was delivered alive, the hospital’s director and the surgeon placed the newborn in a freezer where the infant later died. Hospital staff subsequently falsified Kwon’s medical records to support the claim that the baby had been stillborn.
During court proceedings, both the hospital director and the surgeon admitted responsibility for killing the baby. They were taken into custody immediately after the verdict was delivered.
Investigators also revealed that the hospital had reportedly received around 1.4 billion won to perform abortions on more than 500 patients. Many of the women, including Kwon, were said to have been referred to the facility through brokers.
In January, prosecutors requested a 10-year prison sentence for the hospital director and six-year jail terms for both Kwon and the surgeon who carried out the operation.
Kwon’s legal team argued that she had not known the baby would be killed after delivery. She told the court she only discovered she was pregnant about seven months into the pregnancy and sought an abortion because she lacked stable income and feared the child could face health issues due to her drinking alcohol and smoking earlier in the pregnancy.
However, the judge ruled that Kwon had been informed by medical staff that the baby was healthy and that she had heard the infant’s heartbeat during an ultrasound examination. The court also concluded that she knew the baby would be delivered alive through a caesarean procedure.
Despite describing the case as a grave crime warranting severe punishment, the judge said sentencing took into account the legal uncertainty surrounding abortion in South Korea. The court noted that Kwon had limited access to clear legal guidance or support while dealing with a late-stage pregnancy.
South Korea’s abortion regulations have remained unsettled in recent years. In 2019, the Constitutional Court struck down the country’s long-standing abortion ban and instructed lawmakers to revise the law by the end of 2020, suggesting abortions be permitted up to 22 weeks.
The government later proposed legislation allowing abortions up to 14 weeks, or up to 24 weeks under certain circumstances such as health risks or pregnancies resulting from rape. However, the bill stalled in parliament amid opposition from conservative lawmakers and religious groups.
When the abortion ban was officially lifted in 2021, no replacement legislation was introduced, leaving the country without a comprehensive legal framework governing abortion procedures.
Globally, abortion laws vary widely. Around 72 countries, including France and Germany, permit abortions with gestational limits, most commonly set at around 12 weeks, although exceptions are often made in specific circumstances.
