GRSJ 224/ Abortion in Korea (South)

Starting from 1953, criminal code at South Korea declared that Abortion is illegal. As the time pass, laws gradually changed, however it is still not legalized. However, it is true that there are still abortion acting secretly, and the amount are not small. According from 2012 study research, there are about 340,000 abortions performed annually in South Korea. The issue was followed because compare to large number of abortion number, only 440,000 child births are reported. Debating about legalization of abortion is processed from long time ago, however recently the debate raised up again, and it is still considered as conundrum, remain unsettled. As the debate is more and more intense, government had to be interpret on this issue, in more detail, supreme court in South Korea needed to be included.

Current Abortion laws in Korea

Since 1973, there are change occurring from the criminal code related to Abortion. According from Mother-Child Health Act, exceptions are made: in the case of pregnancy from rape, women (pregnant women) who are very ill and childbirth or pregnancy have possibility of result the risk of the health, where the fetus is suspected of having a genetic disorder, and if the pregnant women or her spouse have hereditary sickness which could generate own offspring be inherited.

In this case, however, also bans abortions after 24 weeks pregnant, and penalty for a woman who processed an abortion have possibility of a prison sentence of up to a year or a fine of up to 2 million won (US$1,850).

Debate about Abortion

Pro-life

Pro-life is a term which means strongly opposed to legalizing abortion. At South Korea, Christian is not majority religious group, however about 23% of South Korean are Christian, which is significant portion of people. There are no data claiming all of the Christian are Pro-life, however there are certain movements from Christian group of South Korea to against pro-choice. For example, when Abortion activists gathered about 230,000 signatures for legalization of abortion, South Korean Catholic church also submitted about 1,005,000 name petition on Feb.12 saying they oppose to legalizing abortion. They stated their position saying that legalization of abortion will result great danger not only to fetus, but also pregnant women as well. Every life should be valuable and responsible, and hope this signature campaign shows how Church is working hard to protect all forms of life, and needs of respecting life. Furthermore, at Korea's March for life which held in June 2018, woman name Yeom-Soo-jung claimed "Abortion should not even consider as an option since it will only bring culture of death towards Korea society. "

Pro-choice

Pro-choice is supporting legalization of abortion at South Korea. Mostly protest of protesting against abortion ban declared as feminist movement at Korea. One of the main protest held from pro-choice is "abortion Declaration by 125 women": at August 2018, 125 women swallowed the abortion pill which is illegal by showing defence against strict abortion laws in South Korea. During the protest, group of people hold the slogan saying "my body is not illegal". The protest was organized by the feminist group name "Femidangdang" and "Baumealame", which was collaboration with Women on Waves and Women on Web as well. They choose number of 125 because it is estimated number of women who do abortion per hour at South Korea. According from one of the women who did abortion, stated it is extremely dangerous since there are no safe abortion procedures followed from government since it is illegal. Pro-choice and Feminist at Korea stated purpose of this act is for the abolition of Clause 269 of Criminal Law, stating they have right to do reproductive choices and Constitutional Court should protect women's health and safety by under of international law. By reacting to the movement, government respond they would review the abortion law, but later responded they need more research due to majority of oppose opinion as well.

Suggestion to solve the dispute

Since fertility rate of Korea at 2018 is only 0.95, this become serious crisis towards South Korea and government are very stressed about the issue. The government proposed to people how fertility rate is low comparing to other countries since South Korea was third lowest fertility rate of the world, and how all citizens of Korean should be award. However, some women's group stated that plan of raising up the fertility rate portrays women as only an instrument for child birth and this gave big humiliation towards women by not providing human beings with reproductive rights.

As this fierce opposition between government (pro-life) and pro-choice, the solution could not easily stated. According from the economic professor at Seoul National University name Lee Chul-hee, he claimed if this speed of decline rate continues, it will produce serious problems in economy and society in upcoming future. Meanwhile, Lee Bong-joo of Seoul National University claimed: Only focusing on more childbirth would not solve the initial problem, and won't be effective in the future as well. By increasing gender equality towards Korea society, it would make better result, although it will necessary a time.

The claim of Lee Bong-Joo is valid, since the reason why fertility rate is getting so low is because : first, after childbirth, most of the women experienced lose job because the workplace thought after having baby, mother would not focus on work and would result low efficiency at her job. Also, it is too expensive to manage raising kids by multiple problems such as housing, education, and others.

By following reaction, government spend $70 billion to raise up childbirth rate, which includes extra money for working parent and families who have multiple kids. The government provide $500 to expectant couples to help their expenses. Also, there are free day care service for both working parent, and for the first year after the child is born, parents get monthly cash by government about up to $200. However, the progress result was not successful, which held more research from government to find better countermeasure.