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| ▲ On the afternoon of April 11, 2019, in front of the Constitutional Court in Jongno-gu, Seoul, the pros and cons of abortion are held. | |
| Ⓒ Lee Hee-hoon |
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At 00:00 on January 1, 2021, a bold change began. With the start of the new year, two criminal laws disappeared into the background of history. Article 269 of the Penal Law that penalizes women who interrupt pregnancy and Article 270 of the Penal Law that penalizes doctors for medical treatment with interruption of pregnancy. Now, regardless of the number of weeks of pregnancy, women are no longer concerned with criminal punishment for abortion.
The fact that the suspension of pregnancy, which has been illegally regulated, has been legalized means that further changes in the medical system or related laws must follow in the future. On Day 1, Executive Director Na Young of the Center Share for Sexual Rights and Reproduction Justice (share below) <오마이뉴스>“With the abolition of abortions abolished, the door has been opened to the enactment of women’s rights,” she said in a call with and said: “Now, we have designed and revised related policies in a way that ensures the best access to people with the most vulnerable conditions related to abortion. It should, “he said.
Representative Na-young noted the lack of action that the government and the National Assembly had shown in the day’s convocation. Although it has been about a year and a half since the abortion inconsistency conviction, the legislature and administration have not been able to continue in-depth discussions on abortion. Furthermore, he pointed out that even the discussions after the abolition of the law were insufficient. Also, Na-young emphasized the importance of future assignments. Below are the questions and answers that I shared with him.
“Now the punishment itself has disappeared is the result of the fight”
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| ▲ On the afternoon of April 11, 2019, the Pros and Cons of Abortion is held in front of the Constitutional Court in Jongno-gu, Seoul. | |
| Ⓒ Lee Hee-hoon |
See related photos |
-As of today (1st), the crime of abortion was abolished. What is the importance of repealing the bill?
“There is an interpretation that the abolition decision was simply abolished by the congressional debate, and this is not the case. This is not the case. This was possible because the Constitutional Court persuaded the recognition that control was a historical issue. of sexual and reproductive rights according to the purpose of the people of Korea, and on April 11, 2019 a ruling of constitutional non-conformity was issued.
It is also the result of the active blocking of the government proposal, which tried to limit the number of weeks of pregnancy while maintaining the punishment. The important achievement of the struggle is that the bill was abolished and there was no punishment. It is also of great importance that the crime of abolition has opened the door to legislation that guarantees women’s rights ”.
-It is pointed out that for about a year and a half there have been discussions between the government and the National Assembly since the decision to contradict the constitution of the crime of abortion in 2019.
“Yes. From the moment the unconstitutional decision was made, we had to do a complete review of the relevant laws. We requested an on-site investigation into the medical reality immediately after the constitutional decision was made, and introduce an induction system miscarriage (medication to stop pregnancy) When I started preparing, I was asked to make a provision for testing.
However, the government and the National Assembly had been getting their hands on this issue for a long time after noticing the other side. Although the government presented a proposal in October last year, it is difficult to see it positively since it came out two months before the abolition of the law. I think the ruling Democratic Party also lacked a lot of active party-level discussion about the crime of abortion. “
-What was the specific problem?
“There are many things to consider when abolishing abortion crimes and creating new alternatives. The medical system, including the termination of pregnancy, education and labor laws, and the system that takes into account the socio-economic problems of women, etc. must reviewed. “It has not been addressed in depth and has delayed the review of related laws and policy improvements. Above all, the amendment to the law that the government proposed to allow abortions up to 14 weeks of pregnancy is evidence that women have not even considered serious problems. “
“To accommodate all women who are socioeconomically vulnerable”
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| ▲ On the afternoon of April 11, 2019, the Pros and Cons of Abortion is held in front of the Constitutional Court in Jongno-gu, Seoul. | |
| Ⓒ Lee Hee-hoon |
See related photos |
-Now that the crime of abortion has been abolished, what laws and systems need to be improved more urgently?
“The application of health insurance to stop pregnancy and the introduction of a system of induction of spontaneous abortion (drugs to stop pregnancy) must be improved first. This is because it is the system most in line with socioeconomic conditions. First, the cost of abortion treatment, which was vaguely high due to the adjustment of health insurance and parallel medical fees, must be improved. Until now, due to the fact that the termination of pregnancy was illegal, the cost of medical treatment did not it was regulated. Now that the punishment rule is gone, the Ministry of Health and Social Welfare has stepped up the establishment of an appropriate general tariff and introduced health insurance to ease the economic burden on women.
-What is the need to introduce a spontaneous abortion induction system?
“Abortion drugs are a particularly safe method in the early stages of pregnancy and are generally sought after by people who are restrained by surgical methods. Previously, they often illegally took imported drugs with unidentified ingredients through brokers. Now we have to formulate the importation of medicines, obtain prescriptions in hospitals and create a medical system that women can take safely ”.
-Is there any institutional part that needs to be improved further?
“First, we must include abortion surgery in the medical school curriculum and establish a system of medical service delivery among abortion-related hospitals. In small hospitals, if abortion-related prescriptions can be provided and procedures in the early stages of pregnancy, it is in the late stage of pregnancy Women should be referred to large hospitals so they can be consulted and considered for additional assistance.
In addition, it is important that women obtain correct information through formal abortion counseling. Fortunately, the Ministry of Health and Social Welfare announced that it would rapidly review the establishment of a counseling system, the expansion of insurance, and the introduction of an inheritance induction system. Related policies should be implemented in January and February. “
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| ▲ Abortion crimes for all members of the affiliated group’s Joint Action said in front of the Blue House on the morning of October 8, 2020: “The government’s abortion-related criminal law and the maternal and child health law amended the draft law. upholds punishment for women and restricts the right to health, self-determination and social rights They are showing condemnation, saying: “It is a misleading bill.” | |
| Ⓒ Kwon Woo-seong |
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-The conflicts with some medical circles are still a task. The Korean Society of Obstetrics and Gynecology said that an abortion would be performed only in less than 10 weeks of pregnancy and, in fact, demanded the right to veto abortion.
“What concerns us most is the ‘right to veto medical care.’ If abortions are delayed after 10 weeks, they usually belong to women who are socioeconomically unsuitable for surgery. The more people, the sooner they have to undergo the procedure. Procedure If medical staff refuse to do so, you lose your right to safe surgery.
Currently, international organizations such as the UN Human Rights Committee recommend that the veto of medical personnel be lifted around the world. I do not think it is an irresponsible act as a doctor to stick to the position of not having surgery, instead of devising a plan for improvement adapted to the changing society in this situation.
-The need to review the law is also mentioned. In a representative way, the ‘Maternal and Child Health Law’ is discussed. What is the problem with the current law?
“This law was created to succeed family planning policy in the 1970s. It was not a law to protect the health of mothers and children, but a law designed to fit national demographic policy. So this time At the 21st National Assembly, Kwon In-sook and member of the Democratic Party (President Proportion) and Representative Eun-joo Lee (President Proportionate) proposed a revised bill, which stipulated not only the rights of women but also the responsibilities and roles of state and local governments in the bill. Suggested that. “
-Recently, Cher has drawn up a draft ‘Basic Law for the Guarantee of the Right to Sex and Reproduction’, which contains more extensive content. What is the content?
“Meanwhile, the abolition of abortion is only Cher’s most basic demand, and the right to sex and reproduction is found in all areas of medicine, education, work and social welfare. She has emphasized that it is the right to be guaranteed gender correction, assisted reproductive technology, pregnancy and childbirth and interruption, and sex education.
These contents are contained in the basic law. Collectively mention what the state must do to guarantee advanced rights and what must be guaranteed in terms of health care. Starting this year, we plan to actively promote the proposal that we have made through members of the National Assembly ”.
