36주에도 낙태가 되나요.. 유튜브에 올린 것도 생각이 있는건지 싶네요
A woman in her 20s who posted a video on YouTube about her experience of aborting a 36-week fetus and the hospital director who performed the abortion procedure have been booked on murder charges by the police. A Seoul Metropolitan Police Agency official stated on the 12th, "We are conducting a detailed analysis of the YouTube video and, with the cooperation of relevant agencies, have identified the YouTuber and the hospital where the surgery was performed, and have recently conducted two searches and seizures." In late June, controversy arose over the authenticity of the abortion video uploaded to YouTube, prompting the Ministry of Health and Welfare to request an investigation from the police in mid-July.
The police announced that this video was not manipulated and that a woman in her 20s residing in a rural area received surgery at a hospital in the metropolitan area. It was confirmed that the fetus had died. The police stated that under current law, there are no penalties for abortion, and since the Ministry of Health and Welfare has referred the case for investigation on charges of murder, they will focus on proving the charges of murder against the woman and the hospital director. The police are currently investigating how many weeks pregnant the fetus was at the time. They believe that if the fetus was alive when it exited the mother's body, charges of murder could be applied. Abortion beyond 24 weeks of pregnancy is illegal under the Mother and Child Health Act, but since the criminal abortion law was abolished following a constitutional ruling in April 2019, there is no basis for punishment. Article 250 of the Criminal Code defines murder as "killing a person," and case law considers a fetus to be a person from the point when labor begins. The Ministry of Health and Welfare referred the case of a doctor who performed a 34-week abortion at a Seoul obstetrics and gynecology clinic in 2019, where a confirmed murder conviction was based on a precedent. At that time, the doctor was proven to have caused the fetus, born alive via cesarean section, to suffocate by submerging it in water, which clearly established the charge of murder.
Chairman Im Hyun-taek of the Korean Medical Association described the hospital director's performing of an abortion surgery as "an unforgivable act," stating, "We will mobilize all possible measures to strictly discipline and will also petition for severe punishment during the judicial process." Meanwhile, it was also revealed that there were no surveillance cameras installed inside this hospital. The police are considering applying additional charges for violation of the Medical Act. The police said, "Since the revision of the Medical Act in June last year, hospitals performing surgeries under general anesthesia or in a state where the patient is unconscious are required to install surveillance cameras inside the operating room, and failure to do so can result in a fine of up to 5 million won," and "However, even if surveillance cameras are installed, filming can only occur upon request from the patient or guardian."
<Source: Chosun Ilbo>