In this blog post, we will look at the historical background of abortion laws and the current legal system, and consider what we should choose between protecting life and women’s right to self-determination.
In South Korea, abortion is currently regulated by a dual legal system consisting of the Criminal Act and the Maternal and Child Health Act. The Criminal Act considers abortion to be a crime in principle, while the Maternal and Child Health Act allows abortion only under certain exceptional circumstances. This legal structure has long been at the center of social debate, and recently, the debate over the abolition of the abortion law has heated up once again.
Looking at the background behind the introduction of abortion as a crime in the Criminal Act, it was not simply based on the ideal of protecting life. In the 1950s, South Korea faced a rapid population decline after the tragedy of the Korean War. As a result, there was a strong call for maintaining the population for the sake of national survival, and amid this trend, a law was enacted to criminalize abortion.
Although there were concerns raised about women’s right to self-determination, these voices were relatively muted in the face of the greater cause of rebuilding the country after the war. However, even after the introduction of the abortion law, controversy surrounding the law continued. According to surveys conducted by polling agencies, opinions in favor of maintaining the abortion law prevailed until 2010, but since then, public support for the abolition of the abortion law has been steadily increasing as social awareness of women’s rights and health rights has spread.
Recently, the debate has become even more heated as the abolitionist argument has gained momentum.
Under the current legal system, abortion is governed by both the Criminal Code and the Maternal and Child Health Law. The Criminal Code punishes all abortions except those performed for reasons recognized by the state, while the Maternal and Child Health Law allows abortion only for certain medical or social reasons.
Specifically, abortion is legally possible only in cases where there is a serious risk to the mother’s health or where the pregnancy is the result of a sexual crime. However, these criteria are very narrow and strict, creating a structure in which many women choose to have abortions outside the law. This is considered strict even by international standards.
Most OECD countries have provisions on abortion in their criminal law, but few countries allow abortion only for limited reasons as in South Korea. Furthermore, despite the serious social problem of declining birth rates, numerous statistics have proven that prohibiting abortion does not increase birth rates. On the contrary, laws that do not reflect reality can further threaten women’s health and rights.
As a result, there have been criticisms that the crime of abortion violates the fundamental rights of individuals guaranteed by the Constitution, especially women’s physical autonomy and right to health. According to data from the National Human Rights Commission, tens of thousands of abortions are performed each year, but cases of punishment for abortion under the Criminal Act are extremely rare. This is a clear example of how the law has become virtually obsolete. The law exists but is ineffective, which is causing even greater social confusion.
Nevertheless, those who argue for maintaining the abortion law believe that this obsolete law should be strengthened. They consider the fetus to be an independent life and argue that a woman’s right to self-determination cannot take precedence over the fetus’s right to life. They believe that life is an absolute value that must be protected under all circumstances, and that abolishing the abortion law would undermine the principle of social respect for life.
On the other hand, those who advocate the abolition of the abortion law point to the reality that even if a fetus is born, there is no guarantee that it will be able to live a humane life. They argue that giving birth does not guarantee that a child’s life will be protected, and that it is meaningless to emphasize the right to life without addressing the various problems that mothers and children face after birth, such as poverty, lack of access to medical care, and social stigma. Prohibiting abortion without giving sufficient consideration to women’s health, quality of life, and freedom of choice will only lead to more suffering and inequality.
Ultimately, the debate over the legality of abortion is not simply a matter of pros and cons. It is a highly sensitive issue involving the health and lives of women, the lives and rights of fetuses, social responsibility and support, and the effectiveness and moral value of the law. Both sides share the common position that life is precious, but there are fundamental differences in their views on who should be responsible for that life and how.
Therefore, what is needed now is to move beyond the fragmented debate over the legality of abortion and establish a social system that enables women to give birth safely and raise their children in good health. To this end, various policy measures are urgently needed, including medical support, a postpartum welfare system, measures to prevent career interruptions, and expansion of childcare infrastructure. At the same time, practical and systematic sex education to prevent unwanted pregnancies must be strengthened in elementary and secondary schools, and furthermore, at the community level.
Abortion cannot be approached solely as a moral or ethical issue. Most abortions are the result of careful consideration in unavoidable circumstances, and behind them lie complex issues such as economic hardship, social stigma, and legal restrictions.
The state must not ignore this reality, but must carefully analyze the structural and social causes that lead women to choose abortion. Based on this analysis, effective measures and policies must be established so that we can finally move toward a society where life and rights are in harmony. A society that protects life and respects women’s lives. That is the true community we should strive for.
