36-week abortion an apparent murder: police

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Doctors accused of performing a late-term abortion at 36 weeks could face murder charges, police said Monday, concluding in their investigation that the fetus was delivered alive. The case, which has drawn significant attention, involves a YouTuber in her 20s who sought pregnancy termination and later shared her experience online.

“If a fetus is born alive, the case is subject to the crime of murder. After delivery, it is a living person," said Woo Jong-soo, head of the National Office of Investigation, in a press briefing Monday. Since the fetus was delivered alive and later died due to negligence in the hospital, the police concluded the case falls under the category of criminal neglect, adding that an intent to kill the fetus had been recognized.

"I cannot go into the specifics, but certain actions were not taken after the birth, which directly led to the death," another official added. Despite the suspects' denial that the fetus was born alive, police cited evidence to support murder allegations. "Judging from a variety of circumstantial evidence, it is clearly murder," Woo emphasized.

The police had focused the investigation on whether the fetus was alive when it was delivered. Concluding that it was separated from the mother while still alive, they applied for an arrest warrant for the head of the hospital where the abortion occurred, identified by the surname Yoon, along with the surgeon who performed the procedure, Shim, who are both suspected of murder.

However, the Seoul Central District Court initially dismissed the requests last week. The court had ruled that it was unnecessary to detain the suspects at this stage, citing the collection of substantial evidence and that they were not flight risks.

Authorities are now considering reapplying for arrest warrants for both suspects. In response to the court's decision, Woo clarified, "The dismissal of the warrant did not contest the criminal charges themselves, but rather other factors. We will review the court’s reasoning and determine if we should reapply for the warrants."

Beyond this case, police are also investigating allegations that Yoon's hospital had received additional requests for fetal cremation.

In addition to Yoon and Shim, others face charges related to the operation. The YouTuber herself has been charged with murder, while four other medical staff members are being accused of aiding and abetting the crime. Two brokers who arranged the procedure are also under investigation for violating medical laws.

The case has put the spotlight on South Korea's complex legal situation surrounding abortion.

Although the Constitutional Court decriminalized abortion in 2019 by ruling the country's longstanding ban unconstitutional, the National Assembly has yet to pass new laws regulating the procedure. This legal void leaves abortions unregulated, without clear guidelines on when, where, or how they can be performed.

By Choi Jeong-yoon(jychoi@heraldcorp.com)