Hospital director, surgeon in late-term abortion case appeal 'excessive' sentences

A hospital director and surgeon convicted of killing a newborn following a late-term abortion procedure told a Seoul appeals court Tuesday that their sentences were too harsh.

The attorney for the hospital director submitted an appeal brief ahead of the first hearing at the Seoul High Court, arguing that "the six-year prison sentence handed down is excessive compared to similar cases."

When the court asked whether the appeal, citing "similar cases," essentially argued that the case stemmed from the mother's right to self-determination, Yoon's attorney replied, "That is correct."

The hospital director and the surgeon were found guilty of performing a cesarean section on a woman surnamed Kwon in June 2024, when she was 34 to 36 weeks pregnant, delivering the fetus and then covering it with a prepared cloth before placing it in a freezer, killing it.

The defense for the surgeon also submitted an appeal brief arguing that the four-year sentence handed down was unjust, stating that the incident "did not arise from a disregard for life," that the doctor "had no involvement after the cesarean section" and that they "were not involved in any attempt to conceal the crime."

The mother, who is appealing a three-year suspended sentence with five years of probation, repeated her defense that she had no intent to kill, as she believed the fetus had already died before being delivered. Her defense also requested that an obstetrician with actual experience in late-term terminations be called as a witness to testify on the specific procedures involved. The court accepted the request and scheduled a witness examination for June 23, after which proceedings will close.

Prosecutors found that the hospital director, facing financial difficulties running the hospital, had accepted referrals from brokers and admitted only patients seeking abortions as a way to generate income. Over two years, from August 2022 to July 2024, the director allegedly received referrals for 527 patients and collected approximately 1.46 billion won ($980,000) in surgical fees.

The case came to light after Kwon, the mother, posted a video related to the abortion on YouTube, sparking public debate over whether it constituted murder. The Ministry of Health and Welfare filed a complaint with the police in July last year, triggering an investigation.

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.

BY JANG GU-SEUL. [[email protected]]