January 28, 2026
SEOUL – Prosecutors have sought prison terms for a woman who underwent an abortion at around 36 weeks of pregnancy as well as for the doctor who performed the procedure and the hospital director involved, local media reported Monday.
At a hearing held Monday at the Seoul Central District Court, prosecutors requested a 10-year prison sentence for the 81-year-old hospital director surnamed Yoon, along with a fine of 5 million won ($3,456) and criminal forfeiture of 1.15 billion won. They sought six-year prison terms for the 26-year-old patient surnamed Kwon and for the doctor, 61, surnamed Shim. All three are charged with murder.
During the hearing, Kwon appealed for leniency, saying she did not realize she was pregnant until about seven months into the pregnancy and that she was scared because she lacked the means to support a child.
The case came to light after Kwon disclosed her experience in a YouTube video titled “9 million won in surgery costs and 120 hours like hell” in June 2024.
Public outcry following the upload prompted authorities to launch an investigation, which found that she did undergo a C-section between 34 and 36 weeks of pregnancy.
According to the probe, Kwon arranged the surgery through a broker. Yoon is accused of receiving a total of 1.4 billion won for performing procedures on 527 patients introduced by the broker. Shim allegedly received several hundred thousand won per surgery.
Prosecutors alleged that after the fetus was delivered, the doctor wrapped it in a prepared cloth and placed it in a refrigerator, resulting in its death.
They also accused Yoon of falsifying medical records to indicate that Kwon had suffered bleeding and abdominal pain and that the fetus was stillborn. The hospital later issued a stillbirth certificate.
Under the current Mother and Child Health Act, abortions after 24 weeks of pregnancy are illegal. However, the Constitutional Court previously ruled the abortion law unconstitutional, and lawmakers have yet to revise related legislation, resulting in the absence of criminal penalties.
Prosecutors argued that the defendants committed a serious crime that infringed on the right to life by exploiting this legal vacuum. Citing legal precedent that considers the start of anesthesia and medical treatment during a cesarean section as childbirth, they argued that the fetus should be regarded as a human protected under criminal law.
Kwon’s legal representative argued that since the abortion law lost legal effect, there is no standard for criminal punishment based on gestational limits and that the elements of murder do not apply to the case.
The court is scheduled to deliver its first ruling on March 4.