Hospital Director Sentenced to Six Years in Prison Over ‘36-Week Abortion’... Mother Given Suspended Sentence

[The Financial News] A hospital director and the operating surgeon, who were put on trial for killing a baby immediately after delivering it at 36 weeks of pregnancy, have been sentenced to prison in the first-instance trial. The mother, who was indicted along with them, avoided prison and received a suspended sentence.
On the 4th, the 33rd Criminal Division of the Seoul Central District Court, presided over by Judge Lee Jin-gwan, sentenced hospital director Yoon to six years in prison, a fine of 1.5 million won, and forfeiture of 1.1 billion won on charges including murder. The operating surgeon, Shim, was sentenced to four years in prison. Prosecutors had previously sought 10 years in prison, a 5 million won fine, and forfeiture of 1.15016 billion won for Yoon, and six years in prison for Shim.
In June 2024, they performed a cesarean section on the mother, identified as Kwon, who was 34 to 36 weeks pregnant, delivered the fetus, then allegedly covered the newborn with a pre-prepared surgical drape and placed it in a freezer, killing it.
The court found that the fetus, as the victim, was killed through their joint plan and held that they bear grave responsibility. The court stated, "Human life is noble and dignified," adding, "Even if Kwon, the mother, underwent surgery by the defendants to terminate her pregnancy, once the victim was born, it had to be protected as a human being, and it is clear that no one has the right to kill." The court continued, "However, they did not take any measures to preserve the victim's life and instead conspired to kill the baby after delivering it," and went on, "The victim ended its short life in a cold refrigerator, without ever seeing the light of day or taking a proper breath. We cannot even begin to imagine the pain and fear it faced as a human life, and the harm caused by taking a human life cannot be remedied." The court also rebuked them, saying it was "doubtful whether they possess the respect for life that is required of members of our society."
Yoon was also found guilty of falsely recording in Kwon's medical chart that she was suffering from "bleeding and abdominal pain," fabricating the case as a stillbirth, and issuing a false stillbirth certificate.
For Kwon, the mother, the court sentenced her to three years in prison, suspended for five years. Although Kwon did not make efforts to seek alternatives such as adoption after birth or placement in a single-parent support center, the court said it took into account her social and economic circumstances. The court noted, "Child-rearing demands physical and emotional commitment from a woman for nearly 20 years and, depending on the diverse and wide-ranging social and economic conditions she faces, can impose a considerable burden and cause difficulties in social life and studies," adding, "There are burdens and hardships, as well as sexist customs and patriarchal culture. In our society, women suffer many disadvantages due to pregnancy and childbirth, and in child-rearing they often bear an even greater burden, making it very difficult to balance parenting and work."
The court went on to explain that although the crime of abortion lost its effect following the Constitutional Court of Korea's 2019 decision of unconstitutionality, the National Assembly's failure to pass corrective legislation has created a normative vacuum and confusion regarding women's right to self-determination. While Kwon's actions are not directly connected to the abolition of the abortion ban, the court said there was room to consider the circumstances that led her to commit the crime. It added that it also took into account factors such as Kwon's difficulty in seeking help from the state or others around her, and the fact that she had been diagnosed with polycystic ovary syndrome and only learned of her pregnancy shortly before the crime.
Two brokers who referred patients to Yoon were also sentenced. One received one year in prison and forfeiture of 219.95 million won, while the other was given 10 months in prison, suspended for two years, and forfeiture of 92 million won.
theknight@fnnews.com Reporter Jeong Kyung-soo Reporter