Constitutional Court rules against abortion ban after 66 years

SEOUL, April 11 (Yonhap) -- The Constitutional Court ruled Thursday that the country's strict abortion ban is unconstitutional, handing down a landmark decision that signals major change in various aspects of society. The nine-justice panel made the ruling in a 7-2 vote, in response to a 2017 complaint filed by an obstetrician standing trial for performing multiple abortions. The court found that an outright ban on abortion under the criminal law is against the Constitution, and ordered to allow termination in the early stage of pregnancy. "(The current law) limits the pregnant woman's right to choose freely, which is against the principle that an infringement on a person's right must be kept to the minimum," it said. The court also deemed it unfair to give more weight to the value of protecting a fetus's life, when it violates the woman's right. The adjudication comes 66 years after Korea first enacted the law in 1953 criminalizing the termination of a fetus. Only after 1973, through separate legislation, did Korea begin to allow exceptions in a handful of cases, such as rape, incest, or when it's related to the mother's health or a hereditary disorder. Thursday's ruling requires the parliament to revise the related laws by the end of next year. The claimant argued that the Article 270 of the Criminal Code, which states that a physician shall be imprisoned for up to two years for the offense, infringes upon the woman's right to a free choice. For the pregnant woman, undergoing the procedure is punishable by a prison term of up to one year or a 2 million-won (US$1,750) fine, by the Article 269 in the criminal law. The court on Thursday agreed with the argument, overturning its previous decision in which it upheld the law in a 4-4 vote in August 2012. elly@yna.co.kr (END)