Key facts
- A South Korean woman, identified as Kwon, has been acquitted of murder charges related to the death of her newborn.
- She was initially convicted in March for murder, along with two doctors, and received a suspended jail sentence.
- The appeals court overturned the murder conviction, citing uncertainty about whether Kwon knew the baby would be killed after delivery.
- The case has brought attention to the legal vacuum surrounding abortion in South Korea since the decriminalization of the procedure in 2019.
A South Korean woman, identified by her surname Kwon, has been acquitted of murder charges by an appeals court, a significant development in a case that has highlighted the country's complex and often unclear abortion laws. Kwon had been convicted in March of murdering a baby she delivered at 36 weeks of pregnancy, receiving a three-year suspended jail sentence. Two doctors involved in the case also faced murder convictions, though their sentences were reduced on appeal.
The appeals court's decision hinged on the argument that Kwon may not have known the baby would be killed after being removed from her womb, a point raised by her lawyer. Prosecutors had alleged that the baby was born alive via Cesarean section, placed in a freezer, and that hospital staff falsified records to suggest a stillbirth. Kwon's defense maintained she was told by a broker that the baby would be stillborn.
This case gained public attention in 2024 after Kwon, in her 20s, posted a YouTube video detailing her attempt to terminate her pregnancy. The video led to a criminal complaint and a police investigation. The trial was notable as it marked the first time murder charges were brought against a woman seeking a late-term abortion and the medical professionals involved.
South Korea decriminalized abortions in 2019, but subsequent legislation to regulate the procedure, including a recommended limit of 22 weeks of pregnancy, has been stalled due to opposition. This legal void leaves pregnant individuals without clear protections, according to Amnesty International Korea. The organization welcomed Kwon's acquittal but urged the government to implement measures for safe abortion access and proper regulation.
During the initial trial, Kwon testified that she learned of her pregnancy late and sought an abortion due to financial instability and concerns about potential birth defects from alcohol and smoking during pregnancy. The court had previously considered her circumstances, noting the lack of support for late-term pregnancies when issuing the initial sentence.