‘36 week abortion’ police “severe investigation”, expert “possible murder”… Possibility of simple ‘obesity’

Ministry of Health and Welfare complains to police over murder charges

Controversy is rising after a woman in her 20s released a video saying, “I had an abortion at 36 weeks of pregnancy.”
 
In this case, which occurred after the abortion law was abolished, the Ministry of Health and Welfare filed a complaint with the police accusing the woman of ‘murder’, and the police announced a strict response policy.
 
An expert who spoke to Segye Ilbo on the 17th said, “If you are pregnant at 36, this is the time when you can give birth,” and added, “It seems that whether or not the child dies will determine whether a murder charge is established.”
 
On the other hand, some people suspect ‘manipulation’ and claim that it is “simply to attract the attention of obese women.” This is because there are many cases where individual YouTubers manipulate broadcasts to increase the number of subscriptions.
 
As the police begin their investigation, it appears that the truth will soon be revealed.
 
Previously, the Ministry of Health and Welfare received a complaint from the police requesting that they investigate YouTuber A (claimed to be in her 20s) and the doctor in charge of A's surgery on murder charges.
 
Person A, who claimed to be a woman in her 20s, posted a video on YouTube on the 27th of last month titled ‘Total surgery cost 9 million won, 120 hellish hours’ and claimed that she underwent an abortion at 36 weeks of pregnancy.
 
She added, "At first, I didn't know I was pregnant, but I thought I just gained a lot of weight. The result of my indifferent attitude made me want to die." Person A reported that after being refused abortion surgery at several hospitals, she underwent incision surgery at one hospital.
 
In response to Mr. A's claims, the Ministry of Health and Welfare requested an investigation after receiving legal advice. It is known that this is the first time that the Ministry of Health and Welfare has requested an investigation into a case of full-term abortion.
 
Under the criminal law, abortion was illegal for both the pregnant woman who caused the abortion and the doctor who performed the abortion, but in April 2019, the related article was ruled unconstitutional, and the crime of abortion was eliminated, so there are no punishment provisions.
 
However, an official from the Ministry of Health and Welfare said, “We requested an investigation by referring to the court precedent that charged a doctor who aborted a 34-week fetus with murder,” and added, “We filed the complaint with the intention of asking for punishment if the facts (such as whether the abortion actually occurred) are correct.”
 
The regulations that were determined to be unconstitutional are criminal laws, and the Enforcement Decree of the Maternal and Child Health Act (Article 15) allows abortions only within 24 weeks of pregnancy. Abortion after 24 weeks of pregnancy is illegal under the Maternal and Child Health Act. Considering that there is no punishment for abortion under the criminal law, the Ministry of Health and Welfare requested an investigation on charges of murder instead of violation of the Maternal and Child Health Act.
 
In relation to this, Seoul Metropolitan Police Agency Chief Jo Ji-ho said at a regular press conference that day, “There is an expert opinion that it is possible to come out of the womb and live an independent life at 36 weeks.” He added, “Unlike other general abortion cases, we plan to investigate heavily.”
 
He continued, “Traditional theories and precedents related to abortion do not recognize the crime of murder, but an investigation into the specific circumstances is necessary.” He added, “We will look at the applicable laws and charges after comprehensive fact-checking of various types (forms), such as death in the uterus or outside the uterus.”
 
The legal community is also in the same position as Commissioner Cho.
 
I spoke to Segye Ilbo on this day.Attorney Na-ri Park of Daeryun Law Firm pointed out, “Under civil law, it is important to determine whether the child was alive at the time of birth. If the child was alive, it can be considered murder.”
 
However, he explained, “If the child was dead, it cannot be considered murder,” and “36 months of pregnancy is the time when you can give birth right away. It is clear that the child was born by cesarean section or induced labor, but there seems to be a high possibility that the child is alive.”
 
He added, “The issue in this case is for the prosecution to understand the records after childbirth,” and added, “It appears that medical records or closed-circuit television (CCTV) can be decisive evidence.”
 
He added, “Actually, if you look at the 2021 case law, the Seoul Central District Court sentenced an obstetrician to prison for causing death by burying the child after giving birth through induced labor at 34 weeks of pregnancy,” adding, “At that time, the crime of abortion had been abolished.”
 
Meanwhile, it has not yet been confirmed whether the claim of ‘pregnancy abortion surgery’ is true. The police said, “The investigation must begin with the premise that it is true.” On the other hand, some argue that it is “a self-made play by an obese woman.” However, this too has not been confirmed. The woman in question deleted all related videos after it became public knowledge through the media.

[View full article] - ‘36 week abortion’ police “severe investigation”, expert “possible murder”… Possibility of simple ‘obesity’ (link)