January 21, 2026
SEOUL – Debate is intensifying over abortion limits in South Korea, as lawmakers move to address a legal vacuum that has persisted since the Constitutional Court struck down the country’s abortion crime provision.
Although the court ruled that a blanket criminal ban was unconstitutional, the National Assembly has yet to pass follow-up legislation, leaving the practice decriminalized but largely unregulated for nearly seven years.
Critics say this prolonged uncertainty has left couples and patients without guidance, while forcing abortion seekers to rely on doctors’ personal beliefs or turn to unregulated abortion pills sold online.
As of Tuesday, five abortion-related bills had been introduced in the National Assembly, all in the second half of 2025, according to parliamentary records. Three were proposed by lawmakers from the ruling Democratic Party of Korea and two by the main opposition People Power Party.
Despite differences in approach, all the bills cite the need to end legal confusion by establishing clear boundaries and procedures for abortion.
The Constitutional Court ruled in 2019 that criminalizing abortion across the entire pregnancy period was excessively restrictive, ordering lawmakers to revise the law by the end of the following year. But the previous Assembly, whose term ended in 2024, failed to reach consensus, largely over disagreements on gestational limits.
The legislative deadlock has left doctors and patients without clear guidance on what constitutes lawful abortion care, raising concerns over safety, accountability and access to regulated medical services that balance maternal health, women’s rights and fetal life.
“I will do my best to have this bill passed to end the prolonged legislative vacuum,” said Rep. Park Ju-min of the Democratic Party when submitting his bill on Dec. 30.
“It will prevent abortion seekers from being exposed to unsafe conditions and allow the government to systematically manage and support their health and choices.”
The gestational period remains the most contentious issue, with the four bills proposing limits ranging from 10 weeks to no explicit time restriction.
Park’s bill revises the Mother and Child Health Act, which had governed narrow exceptions to the abortion ban, while leaving the already ineffective abortion crime provision in the Criminal Act unchanged. As a result, no explicit gestational limit is stipulated.
Under existing presidential decrees tied to the Mother and Child Health Act, exceptions are permitted up to 24 weeks. Legal experts note that any practical limit would likely be set at 22 or 24 weeks, reflecting the Constitutional Court’s reference to fetal viability outside the womb.
Religious groups have strongly criticized Park’s proposal, arguing that the absence of a statutory time limit could allow abortions beyond 24 weeks through administrative decisions.
A representative of the Catholic Bishops’ Conference of Korea also said that revising only the exception clauses without reinstating criminal provisions disregards the court’s ruling, calling for the reinstatement of punishment provisions on abortion.
Similar criticism has been directed at bills proposed in July by Democratic Party lawmakers Lee Soo-jin and Nam In-soon, which also lack explicit gestational limits or criminal provisions.
By contrast, two bills introduced by Rep. Cho Bae-sook of the People Power Party would criminalize abortions performed after the 10th week of pregnancy and prohibit any expansion of the limit beyond 22 weeks.
The bill also grants doctors the right to refuse abortion services based on religious beliefs.
Some medical groups have opposed the proposal, arguing that it fails to account for fetal development timelines and high-risk pregnancies. Major fetal abnormality screenings typically occur between 10 and 20 weeks, doctors say, raising concerns that strict limits could deter necessary medical decisions.
“A 10-week cutoff could make doctors reluctant to provide care due to fear of punishment, even in cases involving severe abnormalities or nonviable fetuses,” said an official from the Korean Medical Association.
“Pregnant patients could also be treated as criminals despite following medical advice.”
Experts warn that continued delays in legislation could have lasting consequences. Although the abortion crime provision has lost effect, its incomplete removal from the Criminal Act has left doctors concerned about potential legal liability, they say.
“This discourages medical institutions from offering safe and lawful procedures, ultimately deterring patients from seeking care,” said an official from the Korean Women Lawyers Association.
A survey by the Korean Women’s Development Institute between 2019 and 2024 found that 42.3 percent of respondents who sought abortion services reported difficulty finding a medical institution, while 21.2 percent visited between three and nine clinics before receiving care.
The legislative deadlock has also hindered the introduction of abortion pills.
The Mother and Child Health Act currently refers only to surgical abortion procedures, leaving no legal framework for medication-based options. As a result, pills such as Mifegyne are being traded illegally online without professional guidance, raising concerns about fraud and health risks.
“To resolve this legal vacuum, the first step must be broad consultation across society on how abortion should be regulated,” the KWLA official added.
Posts advertising the under-the-counter sale of Mifegyne, an abortion medication, are seen on the social media platform X on Tuesday. PHOTO: THE KOREA HERALD