Court acknowledges plight of mothers in crisis but still jails woman for abandoning newborn
A Seoul court sentenced a woman to two years in prison under Korea's child abuse laws, but noted the many legal and social challenges facing mothers in crisis.
The Seoul Central District Court in Seocho District, southern Seoul, as seen on Feb. 18.NEWS1
A woman in her 20s who abandoned her newborn baby in a trash bin was sentenced to two years in prison Wednesday, in a ruling that exposed a difficult legal dilemma: How severely should courts punish mothers who give birth in crisis?
The mother was indicted for abandoning her newborn in a trash bin after giving birth in a restroom at the commercial building where she worked on April 3.
One of her co-workers later discovered the newborn unresponsive. The baby survived after being rushed to a hospital for emergency treatment and has since received treatment in a neonatal intensive care unit.
The Seoul Central District Court found the mother guilty of violating the Act on Special Cases Concerning the Punishment of Child Abuse Crimes. The court also ordered her to complete 40 hours of a child abuse treatment program.
The court determined that the mother's actions amounted to at least conditional intent to kill. She had placed the newborn in a trash bin and covered the baby with tissues despite the infant's limited ability to breathe independently. The judges also found no evidence of mental impairment severe enough to justify a lighter sentence.
The judges, however, said the case had raised a difficult legal dilemma over whether severe criminal penalties under existing law were appropriate for a mother who had panicked after an unexpected childbirth.
It also took into account a recent case in which a foreign student accused of abandoning her newborn and causing the baby's death sought a constitutional review of the provision that penalizes murder by child abuse during her appeal.
The court also considered the rationale behind a 2023 legal revision that abolished a provision imposing lighter penalties for infanticide than for ordinary murder. Since the revised law took effect in early 2024, those convicted of killing newborns have faced the same penalties as other murder offenders, including a possible death sentence at maximum.
A newborn baby holds their mother's hand at a hospital in Suwon, Gyeonggi, on July 11, 2024.YONHAP
The court reasoned that its verdict should align with the current sentencing framework, as the previous provision had been abolished amid criticism that it placed less value on the lives of newborns.
The judges concluded that the provision penalizing child abuse murder should also be deemed constitutional at this stage, given that the Constitutional Court had upheld the constitutionality of the law on child abuse resulting in death last year.
The court acknowledged that mothers in crisis often lack adequate social support and relief programs. However, it maintained that the judiciary should not reduce criminal penalties to compensate for shortcomings in government assistance.
The court also informed the mother that she could challenge the constitutionality of the law and contest the specific circumstances of her case on appeal.
This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
