In the future, in addition to the abortion surgery, abortion using drugs that induce natural miscarriage, such as so-called'abortion pills to eat', will become legal.
In addition, it is recognized that doctors are obligated to explain artificial abortion in relation to artificial abortion, so that the relevant information is sufficiently delivered, but that they can refuse treatment according to personal beliefs.
The Ministry of Health and Welfare said that the amendment to the Maternal and Child Health Act, which contained such information regarding artificial abortion, was resolved at the State Council on the 17th.
This amendment is a follow-up measure after the Constitutional Court decided that the criminal abortion was unconstitutional due to excessive infringement of a pregnant woman's right to self-determination under the Constitutional Court to punish abortion in the early pregnancy.
First, the amendment also agreed to allow artificial abortion using medically recognized methods such as drug administration.
The current law only stipulates the method of abortion as'surgery', but it broadens the options.
Among the drugs that induce natural miscarriage,'mipgene', which is called an abortion medicine to be eaten, is well known, but prescription and distribution are currently prohibited in Korea.
The amendment also contained detailed procedures related to artificial abortion, such as the doctor's duty to explain and consent to the procedure.
Accordingly, doctors must fully explain to the patient the mental and physical complications, methods of contraception, planned pregnancy, etc. to ensure access to medical information and to prevent repeated abortions.
They also asked for written consent to have an abortion at the decision of the pregnant woman herself.
If a pregnant woman is unable to express her intention due to a mental or physical disability or is under the age of 19, the doctor may explain the information to the pregnant woman and their legal representative and perform the procedure with written consent.
If you are under the age of 19 and do not have a legal representative, or if you cannot obtain consent due to abuse such as assault from the legal representative, the procedure can be performed by submitting public data to prove this and a confirmation of consultation facts from the general counseling agency.
If a woman aged 16 to under 19 refuses to receive consent from a legal representative and submits a confirmation of counseling from a counseling agency, or if a woman aged 18 to under 19 is married, written consent can be obtained from the applicant. So that.
The amendment also included content that would allow doctors to refuse artificial abortion treatment according to their personal beliefs.
However, emergency patients who are subject to refusal of artificial abortion treatment are exceptions.
Even if you refuse to request a procedure, you must provide information on pregnancy and childbirth comprehensive counseling organizations so that you can obtain information necessary for pregnancy maintenance.
The revised bill also stipulated the provision of a counseling system to respond to crisis situations related to pregnancy and childbirth.
Public health centers have established a comprehensive counseling center to provide social and psychological counseling related to pregnancy maintenance.
We plan to provide emergency phone calls and online consultations in crisis situations such as unwanted pregnancy.
Matters such as the legal allowances related to artificial abortion surgery are deleted from the Maternal and Child Health Act as stipulated by the criminal law.
It also decided to remove the exclusion of criminal abortion crimes.
An official from the Ministry of Health and Welfare said, "We will provide support for smooth discussions by submitting the government's legislation to the National Assembly and make efforts to be revised within the year."