A YouTube video claiming that a woman had an abortion at 36 weeks pregnant has sparked significant controversy in South Korea.
In the video posted on June 27, a woman in her twenties states that she learned of her pregnancy during a hospital visit. The doctor explained the ultrasound results, saying, “Look at the heartbeat,” and “You must give birth. You can’t terminate the pregnancy.” Despite this, the woman claims she ultimately had the procedure done at another hospital.
The authenticity of the video has not been verified. Police caution that it is premature to confirm the facts. The YouTube channel that posted the video has since deleted it and changed its name, now uploading daily life and cooking videos. Amid speculation about video manipulation, the Ministry of Health and Welfare requested a police investigation into the woman and the doctor on charges of murder.
A Ministry official told The Chosunilbo on July 16, “With the 2019 repeal of the abortion ban, the only applicable charge under current law is murder.” The Ministry referenced a 2019 case where a Seoul obstetrician received a three-year prison sentence for aborting a fetus at 34 weeks. The court found the doctor guilty of murder and disposal of a corpse, as he performed a C-section knowing the fetus would be born alive, then drowned and incinerated it.
At a press conference on July 15, Seoul Metropolitan Police Agency Commissioner Cho Ji-ho stated that if the person in the video removed the fetus from the uterus and it died, they could be charged with infanticide. He explained that even a premature baby at 34-36 weeks is considered a person under murder laws if it survives independently outside the womb. However, if the fetus was dead at the time of extraction, applying murder charges would be difficult.
This incident has fueled the debate over when a fetus can be recognized as a human being. Catholic and Protestant beliefs hold that life begins at conception, thus considering abortion as murder. Buddhism and Won Buddhism share similar views but may allow abortions in cases such as rape, considering women’s rights.
Legal opinions also differ. A former presiding judge turned lawyer noted that civil law often considers a person to be someone completely separated from the mother’s body, while criminal law has precedents where a person is recognized just before birth. Proposed standards include the 6th week when the heartbeat starts, the 10th week when organs and bones are formed, and the 14th week before cognitive awareness, but no consensus exists. In Europe, Spain recognizes a fetus as a person at 14 weeks, France at 16 weeks, and Sweden at 18 weeks.
Some legislation focuses on the fetus’s viability outside the womb, defined by the World Health Organization as 22-24 weeks, leading countries like the UK and the Netherlands to allow abortions up to 24 weeks.
The Constitutional Court of Korea ruled in 2019 that penalizing all abortions was unconstitutional, prompting a call to update the law to reflect current realities. Despite this, no new legislation has been passed by the end of 2020.
Experts call for urgent legislative action to balance fetal rights and women’s autonomy. Soongsil University Law School Professor Jeon Sam-hyun emphasized that such a gap endangers both pregnant women and fetuses.
