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South Korea court strikes down abortion law in landmark ruling

By Joyce Lee and Josh Smith

 

South Korea's Constitutional Court chief judge Yoo Nam-seok and other judges sit for the ruling on decriminalisation of abortion at the court in Seoul, South Korea April 11, 2019. Jung Yeon-je/Pool via REUTERS

 

SEOUL (Reuters) - South Korea's Constitutional Court on Thursday overturned a ban on abortion that has stood for more than 65 years, saying in a landmark ruling that current law unconstitutionally curbs women's rights.

 

In a statement, it said the ban, as well as a law making doctors liable to criminal charges for abortions done with the woman's consent, were both unconstitutional.

 

"The law criminalising a woman who undergoes abortion of her own will goes beyond the minimum needed to achieve the legislative purpose and limits the right of self-determination of the woman," it said in its ruling.

 

Seven of the nine justices ruled the law unconstitutional, and two dissented. It had survived a challenge in 2012 when the court split evenly, four to four, as one seat was vacant then.

 

"I believe this ruling frees women from shackles," said Kim Su-jung, a lawyer representing the plaintiff, a doctor charged with conducting 69 illegal abortions.

 

The ruling reflects a trend towards decriminalising abortion, as cases of criminal punishment have fallen in recent years.

 

Just eight new cases of illegal abortion were prosecuted in 2017, down from 24 in 2016, judicial data show. Of 14 cases decided in lower courts in 2017, 10 postponed a ruling on condition that no crime be committed for a fixed time.

 

A survey by polling firm Realmeter last week showed more than 58 percent of South Korean respondents favor scrapping the ban, but a little over 30 percent wanted it retained.

 

Duelling demonstrations outside the courthouse highlighted persistent divisions in opinion.

 

"How could you kill a baby that’s growing inside you? Abortion is a murder," said Kim Yeong-ju, a 47-year-old mother of two who demonstrated in favour of the ban.

 

But the ruling helps ensure pregnancy is a personal choice, said Lee Ga-hyun, who joined a protest against the law after she saw a friend risk her life using illegal medication for an abortion.

 

"I welcome today’s ruling, which made it possible for women like me and my friend to live their lives freely," added Lee, 27.

 

LONGTIME BAN

The abortion ban dates from 1953, and has not changed materially since South Korea first adopted its criminal law after the 1950-1953 Korean War.

 

Abortion numbers have been dropping, with 49,764 estimated for women between 15 and 44 in 2017, down from 342,433 in 2005 and 168,738 in 2010, as birth control measures spread and the population of women in that age range falls, says the Korea Institute for Health and Social Affairs.

 

A 2017 petition urging the presidential Blue House to scrap the law against abortion and allow abortionmedication drew more than 230,000 signatures.

At the time, a senior government official said existing law was problematic because it only held women accountable for abortion.

 

President Moon Jae-in, a liberal, has not stated clearly if he supports the law, but has called for more discussions to build consensus.

 

The law prescribes jail for up to a year or fines of up to 2 million won ($1,756) for women who undergoabortion.

 

It also sets terms of up to two years in jail and seven-year licence suspensions for medical professionals, including doctors, who provide abortions at the woman's request.

 

Exemptions now allow abortions within 24 weeks of pregnancy for medical reasons, such as a hereditary disease or grave danger to the mother, or following rape.

 

In all those cases, the law requires the spouse's permission.

 

"If the case does not fall under an exemption, the law forces the pregnant woman to maintain the pregnancy completely and uniformly, without exception," the court said.

 

But the law will stay on the books until the end of 2020, it added, to allow time for its revision.

 

In a statement, the government said it would respect the decision and take steps to comply.

 

($1=1,138.9000 won)

 

(Reporting by Joyce Lee and Josh Smith; Additional reporting by Hyonhee Shin, Dogyun Kim, and Daewoung Kim; Editing by Michael Perry and Clarence Fernandez)

 

-- © Copyright Reuters 2019-04-12

[Tug]

Good 

[johnnynmonic]

Sad day.  

[jesimps]

10 hours ago, Tug said:

Good 

Bad.

[Tug]

2 hours ago, jesimps said:

Bad.

Sad yes but imo it’s worse to saddle women with children that they can’t care for and it’s good they have the choice not to

[welovesundaysatspace]

It would be better if women would take birth control to prevent unwanted pregnancies in the first place. Still good to have it as a backup, and for cases of rape, of course. 

[Basil B]

17 hours ago, car720 said:

If abortion is not allowed worldwide then we will fill up this planet at twice the speed.

Over exaggerated...

 

I respect it is a woman's right, I doubt many take the decision to terminate lightly.

[Basil B]

8 hours ago, welovesundaysatspace said:

It would be better if women would take birth control to prevent unwanted pregnancies in the first place. Still good to have it as a backup, and for cases of rape, of course. 

would be even better if men wear condoms, has been proven that the pill has long lasting side effects.

[welovesundaysatspace]

25 minutes ago, Basil B said:

would be even better if men wear condoms, has been proven that the pill has long lasting side effects.

No, thanks. I can also stop having sex altogether then. 

[stevenl]

23 minutes ago, welovesundaysatspace said:

No, thanks. I can also stop having sex altogether then. 

Ok then if you prefer that option.

[ncc1701d]

2 hours ago, Basil B said:

would be even better if men wear condoms, has been proven that the pill has long lasting side effects.

Source?

[Basil B]

11 minutes ago, ncc1701d said:

Source?

 

Quote

 

Risks

The combined pill can increase the risk of cardiovascular problems, such as blood clots, deep vein thrombosis (DVT), a clot on the lung, a stroke or heart attack.

Birth control pills have also been associated with an increase in blood pressure, benign liver tumors, and some types of cancer.

https://www.medicalnewstoday.com/articles/290196.php

 

Plenty more just use google.

Edited April 13, 2019 by Basil B

[welovesundaysatspace]

2 hours ago, stevenl said:

Ok then if you prefer that option.

I prefer the bareback option. 

[Kasane]

Women have as much a right as a man for self determination. Applaud the Korean court for declaring abortion law as unconstitutional. Freedom for the long oppressed women of SK.