Ahead of the 11th, which marks seven full years since the ‘abortion crime’ in the Criminal Act received a ruling of constitutional inconsistency, feminist groups have come forward to condemn the government for shirking responsibility.

On the 10th, the Network for Guaranteeing the Right to Safe Abortion for All (Moimnet) pointed out that, due to a seven-year legislative and institutional vacuum, women have been unable to enjoy the right to obtain a safe abortion and have had to ‘fend for themselves’. In a statement, they said, “We are still being refused abortions at hospitals, searching for information through private posts and confidential counseling, missing the period during which a prompt and safe abortion can be obtained, and failing to have our rights guaranteed.”

[Flat] “Introduction of abortion pills is possible without amending the law,” opinions received but concealed by the Ministry of Food and Drug Safety

Moimnet stated, “The Ministry of Health and Welfare could and should have carried out many tasks, including surveying the current status of abortion-related health care, introducing abortion-inducing medications, providing health insurance coverage, building a medical system for a safe abortion environment, establishing counseling and information-provision systems, and constructing referral and support systems.” It added, “However, as a result of doing nothing, every system remains neglected in a state no different from the era of the abortion crime.” Moimnet announced a rally around Tapgol Park in Jongno-gu, Seoul, on the 11th.

South Korea has classified ‘abortion’ as a crime since the Criminal Act was enacted in 1953. Then, in April 2019, the Constitutional Court ruled that it “excessively infringes on the self-determination of pregnant women,” and that “the grounds for justification under the Mother and Child Health Act do not at all encompass the diverse and broad conflict situations surrounding abortion due to social⋅economic reasons,” and delivered a decision of constitutional inconsistency on the Criminal Act provisions on the abortion offense (self-abortion and consensual abortion).

At the time, the Constitutional Court recommended replacement legislation by December 31, 2020. A decision of constitutional inconsistency temporarily allows the law to remain in force to avoid a legal vacuum and social confusion that would follow immediate nullification. To honor the purpose of that decision, related legislation and systems should have been prepared, yet follow-up legislation remains absent even now, seven years later. As of January 1, 2021, the abortion-crime provisions lost effect, but the right to terminate a pregnancy remains left in a blind spot.

Related bills were introduced over the years, but all were discarded due to the expiration of National Assembly terms, as views diverged over the permissible scope and grounds for abortion by gestational age. In the current 22nd National Assembly, Progressive Party lawmaker Son Sol recently introduced as lead sponsor a ‘Partial Amendment to the Mother and Child Health Act’. Son stated, “Although the relevant provisions lost effect on January 1, 2021, the failure to amend related statutes since then has intensified confusion on the ground.” The bill centers on changing the term ‘induced abortion’ to ‘induced termination of pregnancy’, encompassing methods such as medication in addition to surgery, and deleting limits on permission for surgical induced abortion.

[Flat] Six and a half years after the abortion crime disappeared…what has happened since

[Flat] “Looking for Mifjin”··· Will the ‘introduction of abortion pills’ promised by President Lee Jae Myung be realized

Meanwhile, the Lee Jae Myung administration is pursuing, as state agenda, both ‘improving abortion-related laws and systems’ and ‘introducing abortion medications’ to safeguard the safety and health rights of women. The World Health Organization (WHO) has designated abortion medications such as mifepristone (Mifjin) as safe and effective essential medicines and has recommended their use at 10 to 12 weeks of pregnancy. More than 90 countries permit Mifjin.