"낙태죄 처벌 헌법불합치"... 헌재, 66년만에 법개정 결정
In a landmark ruling, the Constitutional Court of Korea has ruled that criminalizing abortion is unconstitutional.
The court asked the National Assembly to revise the criminal code by the end of next year.
Our Choi Si-young reports.
Overturning an earlier decision from 2012, the Constitutional Court says the ban on abortion is unconstitutional.
But it didn't immediately nullify the statute, which punishes both the women and doctors involved in intentional miscarriages.
According to South Korea's criminal code, a woman who procures an abortion can face prison time or a fine.
There is no fine for the doctor who performs the abortion, but the prison term can be longer.
Seven out of the court's nine judges said the ban on abortion violates a woman's right to choose how to live her life,... because the law makes almost no exceptions at any point in a pregnancy.
The court said that women should be able to choose to terminate a pregnancy when in the early stages.
Some experts say the question of just how "early" that period should be... is the reason the court didn't nullify the law right away, but instead gave parliament time to revise it.
"Deciding when and how to allow abortion is the job of the legislature, not the constitutional court. Parliament should listen carefully to what the public think about those issues and make the decision."
The case decided on Wednesday was brought by an obstetrician convicted of performing an abortion... who appealed to the Constitutional Court in 2017 asking that it review the ban.
"With the National Assembly set to revise the law by next year, South Korea has a rare chance to update the 66-year-old regulation to better reflect women's rights and changes in our society. Choi Si-young, Arirang News."
