Freedom, But at What Cost? South Korea’s Post-Abortion Law Landscape

April 11, 2019, the Constitutional Court declared that the abortion ban was “incompatible with the Constitution.”

 

South Korea Abolished Its Abortion Ban in 2021 — But Legal Uncertainty Still Lingers

As of January 1, 2021, South Korea officially decriminalized abortion. What was once referred to as the “abortion crime” under the Criminal Act Articles 269 and 270—which punished both women who terminated their pregnancies and the doctors who assisted them—was finally removed from the penal code.

For nearly 70 years, since the Criminal Act was first enacted in 1953, abortion had been considered a criminal offense in Korea. A woman who ended her own pregnancy, even through medication, could face up to one year in prison or a fine of up to two million won, while doctors who performed the procedure with the woman’s consent could be sentenced to up to two years in prison.

This criminalization was rooted in post-Korean War pronatalist policies, where boosting population was seen as a matter of national strength. During this time, banning abortion was framed as a way to encourage birth rates.

It wasn’t until 1973 that South Korea introduced the Mother and Child Health Act, which allowed abortion in a limited number of cases—when the mother’s health was at risk, the fetus had genetic defects, pregnancy resulted from rape or incest, or when either parent had a communicable or hereditary disease. Even then, the law required spousal consent and permitted abortion only within the first 24 weeks of pregnancy.

For decades, discussions around expanding the scope of legal abortion—such as including socioeconomic reasons or allowing abortion for unmarried women—led nowhere. The fundamental debate centered on whose rights should take priority: the fetus’s right to life or the woman’s right to bodily autonomy.

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A Turning Point: Constitutional Challenge and the 2019 Landmark Ruling

The first time South Korea’s Constitutional Court reviewed the abortion ban’s legality was in 2012—and it upheld the law. The Court ruled that the fetus’s right to life outweighed the woman’s right to choose.

But the tide began to turn in 2016, following a high-profile murder case near Seoul’s Gangnam Station that sparked a national reckoning on women’s safety and rights. Then in 2017, a doctor prosecuted for performing an abortion filed a constitutional petition, further amplifying public debate.

Finally, on April 11, 2019, the Constitutional Court declared that the abortion ban was “incompatible with the Constitution.” The majority opinion held that the law excessively infringed on a woman’s right to self-determination and that the state should not compel childbirth as a default. This ruling overturned the Court’s previous decision from seven years earlier.

Among the nine justices, four found the law constitutionally incompatible, three declared it outright unconstitutional, and two upheld the law. The ruling gave Parliament until December 31, 2020, to revise the law. When lawmakers failed to act, the abortion ban automatically lost legal effect on January 1, 2021.

A Legal Vacuum and the Ongoing Debate

Since then, no new legislation has been passed to regulate abortion. Although seven related bills were submitted in the 21st National Assembly—including proposals to lift all gestational limits or to allow abortion up to 24 weeks—none made it to a vote. As a result, South Korea is now left in a legal gray zone.

Currently, there is no legal basis to prosecute women or healthcare providers for abortion. However, there’s also no clear framework to regulate the practice. This has created confusion across the medical community, patients, and the broader public.

Concerns are growing. In June 2023, a woman in her 20s publicly shared her experience of aborting a 36-week fetus through a YouTube video. The incident triggered widespread alarm and revealed the potential consequences of having no legal or medical guidelines in place.

Access to Safe Medication: A Missing Piece

Despite the ban’s removal, oral abortion pills remain illegal in South Korea. Applications for marketing authorization were halted indefinitely due to the legislative vacuum following the 2019 Court ruling. As a result, some women have turned to unregulated online markets to obtain abortion medication without prescriptions—posing serious health risks due to potential misuse or counterfeit products.

Healthcare professionals and women’s rights advocates continue to call for the introduction of medical abortion pills as an essential drug. In July 2023, medical professionals and civic groups submitted three petitions to the Ministry of Food and Drug Safety, urging it to approve and classify abortion pills as essential medication. All three requests were rejected. The ministry cited a lack of inter-agency consensus and insufficient public agreement as reasons for its decision.

Five Years After Decriminalization, What Comes Next?

It has been over five years since the Constitutional Court dismantled the abortion ban, and yet South Korea has no comprehensive legislation to take its place. Women’s health remains in legal limbo. Doctors operate without clear protections or standards. And lawmakers continue to dodge the issue amid fierce opposition from both religious groups and pro-choice advocates.

As public pressure mounts and medical incidents raise red flags, the country is left with one undeniable truth: decriminalization alone is not enough. Without thoughtful legislation and access to safe options, the promise of reproductive freedom in South Korea still feels incomplete.

When the French Parliament approved a constitutional amendment enshrining the “freedom to terminate a pregnancy,” the Eiffel Tower lit up with the words: “My Body, My Choice.”

Why a Constitutional Amendment Was Necessary

France already has one of the more progressive abortion laws in Europe. Since 2022, abortion has been allowed up to 14 weeks of pregnancy, regardless of the circumstances behind the pregnancy, including cases not involving sexual assault.

So why change the Constitution?

The answer lies in long-term protection. By enshrining the right to abortion in its highest legal document, France ensures that the right cannot be rolled back through court rulings or changes in parliamentary legislation, as seen in other countries.

The move was also a proactive response to growing concerns over reproductive rights being eroded in parts of the world, most notably the United States, where the overturning of Roe v. Wade reignited global debates on abortion access.

France Sends a Global Message

French President Emmanuel Macron celebrated the constitutional amendment as a major step for women’s rights and a message to the world. The historic nature of this change puts France at the forefront of the global reproductive rights movement.

In a time when many fear a regression of hard-won freedoms, France’s constitutional amendment stands as a bold declaration: reproductive freedom is not negotiable—it is a guaranteed right.

And for many French citizens and women’s rights advocates across the globe, this isn’t just a legal victory. It’s a powerful affirmation of bodily autonomy, equality, and the enduring pursuit of justice.