In brief
In 2024, Kwon sought to abort her 36‑week pregnancy but underwent a Caesarean that produced a living newborn who was later killed. The hospital and its doctors were criminally charged for murder, while Kwon herself was convicted of murder with a suspended sentence. A recent appeals court acquitted Kwon after questioning her knowledge of the baby’s fate, though the doctors’ convictions were upheld with reduced sentences. The case exposes gaps in South Korea’s abortion law, which decriminalised the procedure but lacks clear limits for late‑stage termination and safe‑provision regulations.
A South Korean court has acquitted Kwon, a woman in her twenties who sought to terminate a 36‑week pregnancy, after prosecutors and doctors were convicted of murdering the newborn she delivered in the hospital. The case has reignited a national debate over the country’s unfinished abortion legislation.
Kwon’s 2024 YouTube video describing her intent to end the pregnancy at 36 weeks triggered a police investigation. The hospital’s surgeon, the director, and a second doctor were convicted of murder. The surgeon’s sentence was reduced from four to 2½ years; the director’s from six to four years.
During the trial, the doctors admitted that the baby was born alive via Caesarean section, then frozen and killed. Kwon’s defence argued she was unaware of the killing and had not consented to it.
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The appeals court found that Kwon may not have known the baby would be killed, citing a broker’s false assurance that the infant would be a stillbirth. Hence it acquitted her, although it upheld the murder convictions for the doctors, with reduced prison terms.
Abortion was officially decriminalised in 2019, but the law has not set a clear gestational limit. The Constitutional Court had recommended legislation allowing abortions up to 22 weeks, but conservative opposition stalled the bill. Until regulation is enacted, pregnant people lack clear legal protections and access to safe services.
Kwon testified she discovered her pregnancy only seven months in and feared the baby would be born with defects due to her alcohol and tobacco use. The case has spotlighted the legal vacuum that follows the ban’s removal, a vacuum that put her in a vulnerable position.
