Obstetrics Delivery Room. (Image courtesy of Yonhap)
SEOUL, Oct. 22 (Korea Bizwire) — More than six years after South Korea’s Constitutional Court struck down the nation’s longstanding abortion ban as unconstitutional, lawmakers have yet to pass replacement legislation—leaving women and medical professionals in a state of growing uncertainty.
A new government-backed study released Tuesday by the Ministry of Health and Welfare and the Korean Society of Maternal and Child Health underscores how far South Korea lags behind other developed nations in recognizing abortion as a matter of public health and women’s rights rather than criminal punishment.
According to the report, most major countries now treat abortion as part of essential healthcare, emphasizing women’s autonomy and access to safe procedures. France allows abortions on request up to 14 weeks of pregnancy, fully covered by public insurance.
Germany employs a “counseling model,” where abortions performed within 12 weeks after mandatory consultation are exempt from prosecution. Canada decriminalized abortion entirely in 1988, integrating it into the medical system.
These countries, the report noted, focus not only on legality but on creating safe clinical environments and ensuring women receive balanced counseling before making informed decisions. The approach stems from a shared understanding that strict bans drive unsafe, underground procedures that endanger women’s health.
A nationwide survey included in the report also revealed shifting public attitudes. When asked which policy the government should prioritize to address abortion issues, both men and women most frequently cited “stronger social and economic support for childbirth and childcare” (34.3 percent).
The result suggests that many South Koreans view abortion less as an individual moral choice and more as a reflection of structural burdens tied to raising children.
The photo is from SBS’s TV drama “Obstetrics and Gynecology Doctors,” which aired in 2010. (Image from SBS)
The next most-cited priority was strengthening “shared responsibility between men and women for contraception, pregnancy, and childbirth,” reflecting a growing consensus that prevention and social accountability should take precedence over punishment.
Medical experts largely agreed that abortions should be permitted at the woman’s request up to 10 weeks of pregnancy, based on medical safety considerations.
Over 86 percent said drug-induced abortions should occur only under a doctor’s prescription and supervision, while more than 80 percent said procedures should be performed by obstetricians. More than half supported doctors’ right to refuse the procedure on grounds of personal belief.
The report calls for a comprehensive policy overhaul that moves beyond criminalization and reconciles women’s self-determination with fetal protection. It recommends setting medically grounded gestational limits, establishing mandatory professional counseling services, regulating abortion medications for safety, and expanding government support for childbirth and childcare.
With no legislative progress since the 2019 court ruling, experts warn that South Korea remains caught between outdated legal ambiguity and evolving social expectations — a limbo that continues to leave women and doctors without clear guidance.
Lina Jang (linajang@koreabizwire.com)
