Court rules abortion ban unconstitutional. What are the next steps?
- 5 years ago
낙태죄 위헌 판결… 의미와 앞으로 미칠 영향
South Korea's Constitutional Court ruled the country's ban on abortion is unconstitutional and must be lifted.
For more on what this historic decision implies and what lies ahead, let's turn to our Lee Min-sun.
Seven out of nine justices of the Constitutional Court agreed on Thursday that the 66-year-old law banning abortion was unconstitutional because it limits women's rights to pursue their own destinies.
The current law bans abortion in most cases except for rape, incest, severe genetic disease or if the mother's health is in danger.
Under the current law, women who have an intentional miscarriage can face up to one year in prison or a fine of about 1,800 U.S. dollars. And doctors or other practitioners who perform abortions can face up to two years in prison.
In 2012, the constitutional court came close to lifting the ban with four voting in favor and four against as one justice was absent. Thursday's court decision reflects the changing social perspectives on abortion and women's rights.
The National Assembly will have until next year to amend the law, and lawmakers need to specify the details of the amendment… including at which stage of pregnancy abortion should be possible, whether to confirm reasons for abortion or whether to have a mandatory consultation or cooling-off period.
And legal and medical experts are debating whether the court decision will affect undergoing trials, and at which stage of pregnancy a fetus can be removed. Medical personnel also say that there should be a discussion over whether doctors' have the right to refuse performing abortions based on their individual beliefs.
Lee Min-sun, Arirang News.
South Korea's Constitutional Court ruled the country's ban on abortion is unconstitutional and must be lifted.
For more on what this historic decision implies and what lies ahead, let's turn to our Lee Min-sun.
Seven out of nine justices of the Constitutional Court agreed on Thursday that the 66-year-old law banning abortion was unconstitutional because it limits women's rights to pursue their own destinies.
The current law bans abortion in most cases except for rape, incest, severe genetic disease or if the mother's health is in danger.
Under the current law, women who have an intentional miscarriage can face up to one year in prison or a fine of about 1,800 U.S. dollars. And doctors or other practitioners who perform abortions can face up to two years in prison.
In 2012, the constitutional court came close to lifting the ban with four voting in favor and four against as one justice was absent. Thursday's court decision reflects the changing social perspectives on abortion and women's rights.
The National Assembly will have until next year to amend the law, and lawmakers need to specify the details of the amendment… including at which stage of pregnancy abortion should be possible, whether to confirm reasons for abortion or whether to have a mandatory consultation or cooling-off period.
And legal and medical experts are debating whether the court decision will affect undergoing trials, and at which stage of pregnancy a fetus can be removed. Medical personnel also say that there should be a discussion over whether doctors' have the right to refuse performing abortions based on their individual beliefs.
Lee Min-sun, Arirang News.