Seoul High Court Acquits Mother 'A' in 36-Week Abortion Case; Hospital Director Sentenced to 4 Years

In an appeals hearing for the '36-week induced abortion' case, the court has overturned the murder conviction against the mother. The Seoul High Court's 5th Criminal Division acquitted Ms. A, who had been indicted on charges including murder, during the appellate ruling on the 23rd. The bench determined that Ms. A lacked the intent to kill the fetus, concluding that she believed the explanation from a broker that the baby would be stillborn.

The case dates back to June 2024, when a fetus at 34–36 weeks gestation was delivered via C-section at an OB-GYN clinic in Incheon and subsequently died. Conversely, the appellate court upheld the lower court's ruling that murder charges were applicable to the clinic director, Mr. Yoon, and the lead surgeon, Mr. Sim, for causing the death of the fetus after it was removed from the womb. The bench noted that 'the victim was a mature, healthy fetus' and stated that 'the defendants' actions cannot be simply dismissed as a difference in abortion methods.' The court emphasized that causing the death of a fetus outside the womb warrants severe punishment.

The court sentenced Mr. Yoon to four years in prison, a fine of 1.5 million won, and ordered the forfeiture of 9 million won, while sentencing Mr. Sim to two years and six months in prison. The sentences were reduced from the original trial, taking into consideration Mr. Yoon's advanced age and poor health, and the fact that Mr. Sim performed the surgery because he could not refuse the hospital director's request. Meanwhile, Mr. Han, a broker who referred abortion patients to the director and received fees, was handed a suspended prison sentence.