Mother in 36-Week Abortion Case Has Murder Conviction Overturned; Hospital Director and Doctor Also Receive Reduced Sentences

[Financial News] The hospital director and the doctor who were indicted on charges of killing a fetus delivered by cesarean section at 36 weeks of pregnancy received reduced sentences on appeal. The mother, who had been found guilty in the first trial as an accomplice to murder, had her conviction overturned and was acquitted.
On the 23rd, Criminal Division 5 of the Seoul High Court, presided over by Judge Kim Yong-seok, acquitted Ms. Kwon, who had been sentenced in the first trial to three years in prison with a five-year suspended sentence on murder charges. Mr. Yoon, the hospital director, was sentenced to four years in prison, a fine of 1.5 million won, and a forfeiture of 9 million won. Mr. Shim, the doctor who performed the surgery, received a sentence of two years and six months in prison. Both Mr. Yoon and Mr. Shim were also barred from working at child-related institutions for five years. Two brokers, including Mr. Han, who introduced abortion patients to Mr. Yoon and took referral fees, were both given suspended prison terms.
The appeals court, like the trial court, upheld the murder charges against Mr. Yoon and Mr. Shim, finding that in June 2024 they performed a cesarean section on Ms. Kwon, who was 34 to 36 weeks pregnant, delivered the fetus, then covered it with a square cloth and placed it in a freezer, killing it.
However, for Ms. Kwon, the court found that she only believed the fetus would be stillborn and delivered at the time of the incident. It ruled that she did not know the doctor would kill a fetus that had come out of the mother alive, and therefore acquitted her of murder.
This overturned the first trial court's finding that she had at least accepted the possibility of murder.
The appeals court noted, "Ms. Kwon asked the brokers to 'check whether the baby was stillborn,' and the broker replied, 'Yes.' From Ms. Kwon's perspective, there is no evidence that she knew this was a statement made by a broker with no medical knowledge, without even asking the medical staff."
The court also found that although Ms. Kwon did not actively confirm with the medical staff at the time of the surgery whether the fetus had come out alive, that was because she had already been told through the broker that it would be stillborn.
It also pointed out that although Ms. Kwon signed a consent form before the surgery delegating the handling of the fetus to the hospital, this could not be seen as her accepting that the medical staff would kill a fetus born alive.
The court added, "Ms. Kwon produced and posted a video on YouTube showing her recovery after the surgery. It is hard to accept that she uploaded the video to a public channel while knowing that the fetus had been expelled from the mother and artificially killed."
The court criticized Mr. Yoon and Mr. Shim, saying, "It is difficult to imagine the fear the victim must have faced while struggling for life, and murder is the taking of human life, an absolute value, and can never be justified for any reason."
It also explained, "A pregnant woman's right to decide whether to continue a pregnancy falls under the right to self-determination derived from the general personality rights guaranteed by the Constitution. We took into account in sentencing that this case stemmed from Ms. Kwon's intent to end the pregnancy."
The fact that they admitted to the crime in court and showed remorse was also considered a favorable factor in sentencing.
Mr. Yoon and Mr. Shim are accused of carrying out a cesarean section on Ms. Kwon, who was 34 to 36 weeks pregnant, in June 2024, delivering the fetus, then covering it with a prepared square cloth and placing it in a freezer to kill it.
In the first trial, Mr. Yoon was sentenced to six years in prison and Mr. Shim to four years. Ms. Kwon received three years in prison with a five-year suspended sentence.
[email protected] Jung Kyung-soo Reporter