South Korean woman, two doctors guilty of murdering newborn
· Toronto Sun
A woman and her two doctors have been convicted of murder in a South Korean court for killing a baby she had delivered.
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The woman in her 20s, identified only as Kwon, wanted to terminate her pregnancy at 36 weeks, but prosecutors argued the baby was born alive and later killed.
The surgeon who operated on the woman and the hospital director were sentenced to four and six years in prison, respectively, while the woman got a three-year suspended jail sentence, BBC reported .
Prosecutors: Baby was born alive via C-section
The case marks the first time in South Korean history that murder charges were laid against women wanting a late-stage pregnancy termination that also involved doctors.
During the trial, prosecutors said the baby was delivered alive via Cesarean section and placed in a freezer until it died. Kwon argued she didn’t know the procedure would be carried out in such a manner.
An investigation was launched after the woman posted a YouTube video claiming she stopped her pregnancy at 36 weeks. The video sparked a criminal complaint from the health ministry and police launched an investigation into her and her doctor.
Prosecutors said after Kwon gave birth, the surgeon and the hospital director put the baby in a freezer where it died. Hospital staff then falsified the woman’s medical records to say she had a stillbirth, they said.
Both the hospital director and surgeon admitted to killing the baby while they were on the stand. Both were immediately taken into custody after the verdict was read, per BBC.
The hospital allegedly received 1.4 billion won ($1.3 million) to perform abortions on more than 500 patients, prosecutors said. Kwon was introduced to the hospital through brokers, they said.
During the trial, Kwon’s lawyer argued the woman didn’t know her baby would be killed after being removed from her womb.
Kwon told court she had only learned she was pregnant seven months in and wanted an abortion because her income wasn’t stable. She also believed the baby would be born with defects because she drank alcohol and smoked throughout her pregnancy.
The judge found on Wednesday that Kwon had been informed by hospital staff her baby was indeed healthy and she had also heard its heartbeat via ultrasound. The judge also learned that Kwon knew her baby would be born alive through C-section.
Consideration made for woman’s sentencing
Prosecutors originally wanted a 10-year prison sentence for the hospital director, and six-year prison sentences for Kwon and the surgeon.
The judge said that while the crime warranted a harsh penalty, leniency was applied, considering the lack of societal support for mothers in situations like this.
South Korean constitutional court removed a long-standing ban on abortion in 2019, which gave lawmakers until the end of 2020 to revise the laws. The court recommended that parliament amend the law to allow abortions up to 22 weeks of pregnancy.
In 2020, parliament drafted a law that allowed abortion up to 14 weeks, or up to 24 weeks in special circumstances such as health reasons or if pregnancy was a result of sexual assault.
Passing the law was slowed due to opposition from conservative lawmakers on religious grounds.
However, by the time the ban’s removal became law in 2021, South Korea had no legislation in place to regulate abortion, per the BBC .