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KMID : 1011120210140020027
Bioethics Policy Studies
2021 Volume.14 No. 2 p.27 ~ p.57
Suggestions on Revision Regarding Abortion Laws in Korea: an Empirical Study Using Qualitative Research Method
Kim Amanda J.

Abstract
In 2019, the Constitutional Court of Korea has ruled against the existing laws on abortion based on the claim for limiting woman¡¯s right to self-determination and for violating the principle of balancing interests. Thus the Court requested a revision of related laws on abortion by December 31st of 2020. However, the abortion-related regulations are being held ineffective due to the National Assembly¡¯s failure to revise related statutes.
There is a heated confrontation between the side arguing that abortion is a woman¡¯s right to self-determination and that any kind of criminalization against it should be removed and the other side arguing that the current laws of criminalizing abortion should stay with some modifications. However, on a discussion whether right to abortion is a woman¡¯s right to self-determination or a violation against another human life, it is very difficult to find any realistic solutions. Especially, such argument does not really capture the reality of Korean society where the access to abortion is readily available by physicians without any kind of restriction.
The study tries to bring the discussion into the normative level by examining the experiences of women having abortion using qualitative study of key informant interview who have faced women who went through either abortion or childbirth from unplanned pregnancies to find out what kind of medical and socioeconomic support are needed for women in pregnancy crisis.
According to the study, it is deemed necessary to move away from the framework suggested by the government's revised bills that premise abortion as a woman¡¯s right and rather allow women to have full access to safe socioeconomic support and medical care to choose to continue to have pregnancy while limiting abortion through safe medical system.
KEYWORD
crisis of pregnant women, legal revision of abortion, pre-abortion counseling, unplanned pregnancy
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