Mother and doctors found guilty of murder after late-term ‘abortion’ of baby born alive and put in freezer to die

A South Korean woman and two doctors have been convicted of murder after a baby delivered by caesarian section was placed in a freezer and left to die.

Prosecutors said the child was born alive at 36 weeks before the killing took place. Medical records were later falsified to indicate the baby had been stillborn.

The case marks the first time murder charges have been brought in South Korea against a woman over what has been described as a late-term termination, as well as against the doctors involved.

The woman, identified only by her surname, Kwon, is in her 20s. She told the court she did not know the procedure would be carried out in that manner.

In 2024, Kwon posted a YouTube video describing how she had terminated her pregnancy at 36 weeks, which led to a police investigation into her and the medical staff involved.

Prosecutors said that after the baby was delivered alive but the hospital’s director and the surgeon placed the infant in a freezer, where it later died. 

Hospital staff then altered Kwon’s medical records to make it appear as though she had suffered a stillbirth.

During the trial, both the hospital director and the surgeon admitted to killing the baby and were taken into custody immediately after the verdict was delivered.

According to prosecutors, the hospital received a total of 1.4billion won to perform abortions on more than 500 patients, BBC News reported. Many of the women, including Kwon, had reportedly been referred to the hospital through brokers.

In January, prosecutors sought a 10-year prison sentence for the hospital director and six-year terms for Kwon and the operating surgeon.

Kwon’s lawyer argued that she was unaware that the baby would be killed after being removed from her womb.

Kwon told the court she had discovered her pregnancy only seven months in and sought an abortion because she had no stable income. 

She also said she feared the baby might be born with health problems, as she had consumed alcohol and smoked during the pregnancy.

The judge ruled that Kwon had been informed by medical staff that the baby was healthy and had heard its heartbeat during an ultrasound. The court also found that she knew the baby would be delivered alive via caesarean section.

However, the judge said the legal uncertainty surrounding abortion in South Korea was taken into account during sentencing. Kwon had lacked access to clear legal guidance or support to navigate a late-stage pregnancy, the court noted.

While describing the crime as serious and deserving of a harsh penalty, the judge said leniency was exercised in light of the limited social support available to women in similar circumstances.

South Korea’s abortion laws have been in flux in recent years. In 2019, the Constitutional Court struck down the country’s longstanding abortion ban and gave lawmakers until the end of 2020 to revise the law. The court recommended permitting abortions up to 22 weeks of pregnancy.

In 2020, the government proposed legislation allowing abortions up to 14 weeks, or up to 24 weeks in certain cases, such as health risks or pregnancies resulting from rape. 

However, the bill stalled in parliament amid opposition from conservative lawmakers on religious grounds.

When the ban was formally lifted in 2021, no replacement legislation had been enacted, leaving South Korea without a comprehensive legal framework regulating abortion.

Across the world, 72 countries, including France and Germany, allow for abortion subject to gestational time limits, the most common being 12 weeks. 

Even in these countries, there are often a variety of exceptions that allow abortions to take place later. 

In the UK, there is a 24-week limit on abortion, but if the foetus has a disability such as Down’s Syndrome, the pregnancy can be terminated right up until birth.