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71 organizations, including the ‘Joint Action to Abolish Abortion Crimes for All’, are holding a rally on the afternoon of July 7, 2018 at Gwanghwamun Square in Jongno-gu, Seoul, to decide on the unconstitutionality of abortion and abolish the crime of abortion. By Kim Myung-jin, Staff Reporter, [email protected]
Q) The deadline for alternative legislation for the crime of abortion is December 31, but what happens if a bill drafted by the government or a legislative bill passes the deadline without being approved by the National Assembly? A) If the National Assembly passes this year without passing alternative legislation in plenary, the ‘sin of abortion’ stipulated in the criminal law will automatically be extinguished and the crime of abortion will be ‘decriminalized’.
There are two laws that the Constitutional Court declared in April of last year, along with the constitutional inconsistency, that if it is not amended before December 31, 2020, it will no longer be valid. Paragraph 1 of article 269 of the Penal Code, which was punished with a custodial sentence of no more than one year or a fine of no more than 2 million won when a woman undergoes an abortion by drugs or other means. This is the part related to the ‘doctor’ in article 270, paragraph 1 of the Penal Code, where ‘a doctor, oriental medicine doctor, midwife, pharmacist or apothecary is imprisoned for no more than two years when he has an abortion on demand or approval of a woman. At that time, the Constitution saw that these provisions “excessively infringe the right to self-determination of pregnant women by uniformly forcing childbirth even in abortion conflicts for social and economic reasons.” It was a mandate that alternative legislation be prepared before the end of 2020, allowing women to remain pregnant and have enough time to decide whether to give birth and stop pregnancy even for social and economic reasons. But When the government in October issued a bill allowing pregnancy termination by imposing a week limit of ’14 weeks, 24 weeks’ while keeping the ‘sin of abortion’ in criminal law, women in and out of the world said: “The crime of abortion that punishes pregnancy Criticism that ‘is not the same’Spill. The alternative legislative procedure of the National Assembly, which watches amid fierce opposition from the world of women that insists on the abolition of abortion crimes and the religious world that opposes the abolition of abortions, is also slow. In such circumstances, if an alternative legislation such as the government project passes this year without exceeding the threshold of the plenary session, the two provisions of the Penal Law, which were in force by the constitution, will automatically be extinguished. Therefore, the ‘criminality of abortion’ stipulated in Article 269, paragraph 1 of the Penal Code also disappeared at the same time, and the suspension of pregnancy was ‘decriminalized’ for the first time in Korean society after the enactment of the criminal law in 1953. Kim Jung-hye, associate researcher at the Korea Women’s Policy Institute, said: “Because the fundamental provisions for abortion in criminal law disappear, it has the effect of abolishing abortion in practice. “If it is limited to criminal law, it has the same effect as the approval of the representative of the Democratic Party Kwon In-sook and Lee Eun-ju of the Justice Party.” In fact, when the Constitution decided that certain laws were incompatible with the Constitution, they proposed legislative deadlines, but there are many cases of loopholes due to the National Assembly not meeting this deadline. As of November 2019, There are 21 laws that need to be amended by the National Assembly due to the decision of constitutional inconsistency of the Constitution, and 5 of them have already passed the revision period and become ineffective.Reached. In February, the law was not revised even after Article 11 of the “Assembly and Demonstration Law”, which prohibited meetings and demonstrations within 100 meters of the court and the prime minister’s mission, disappeared. The annulment by the prosecution of the prosecution of the accused of this charge.There was also. Go ▶ Hankyoreh’s special page ‘Abolition of the crime of abortion’
Q) What happens to article 14 of the Maternal and Child Health Law, which stipulates exceptions in which the termination of pregnancy is allowed if the provisions of the criminal law for the termination of pregnancy expire? A) Since article 14 of the Maternal and Child Health Law is a sub-law concept that presupposes the provisions of the criminal law on the suspension of pregnancy, the general opinion of the legal community is that they are disabled together.
Even if articles 269, paragraph 1 and 270, paragraph 1 disappear, the question remains. Article 14 of the Korean Maternal and Child Health Law provides for exceptional suspension of pregnancy that can avoid punishment, but what about this law? Article 14 of the Maternal and Child Health Law, entitled “Limited limits for artificial abortion surgery”, establishes the reasons for the termination of pregnancy. △ In case the person or spouse has a eugenic or genetic physical or mental disorder △ In case the person or spouse has an infectious disease △ In case of being pregnant due to rape or quasi-rape △ Sexual relationship between blood relatives or relatives who cannot be married by law If you are pregnant, etc. According to the legal community, the majority of views that article 14 of the Maternal and Child Health Law will automatically disappear due to the disappearance of the problematic provisions of the criminal law. Since abortion cannot be punished, the rules for exceptionally avoiding punishment are also meaningless. But there’s a problem. The government bill or bill contains procedures for consultation and medical support in accordance with the Maternal and Child Health Act. This is new content that is not in the existing Maternal and Child Health Act. There are situations where the laws governing these procedures have not been passed. Deputy Investigator Kim Jeong-hye said: “Because it is a provision attached to the crime of abortion, the Maternal and Child Health Law naturally disappears if abortion is ineffective. However, when the crime is abolished, the procedure that was performed negatively will begin to be carried out in each hospital since the procedure that was performed negatively becomes benign, but there is the problem that there is a gap in rights such as the medical support that must be included in the Maternal and Child Health Law ”. Researcher Kim says that if a “legislative gap” occurs because the deadline is exceeded, the government should establish a procedure to support those who want to stop pregnancy in politics even before legislation. Researcher Kim said: “The revised Maternal and Child Health Act bill drafted by the government does not mean creating a new system, but rather adding an advisory function using existing medical systems such as public health centers. “Because there is no law, we are not in a situation where we cannot do anything. Instead, the government will prepare that supportive policy first, and then legal reforms can be followed.” By Lim Jae-woo, go to [email protected] ▶ Hankyoreh’s special page ‘Abolition of the crime of abortion’
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