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July 10, 2007
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| Is an unborn child a human being or not? Korea’s highest court ruled yesterday that an unborn child cannot be considered human until the moment the mother goes into labor, thus clearing a midwife of negligent homicide charges. The verdict shocked the religious community. “This is an extremely shocking and deplorable verdict,”said Father Lee Dong-ik, professor of medicine at the Catholic University of Korea and a member of the Bioethics Committee at the Catholic Bishops’ Conference of Korea. “Every country has slightly different legal grounds on when to consider an unborn a human being, but no country has such a definitive ruling that an unborn baby is not a human being.” The Supreme Court upheld an appeals court acquittal of a midwife who had been indicted on charges of inflicting injury on a 37-year-old pregnant woman. The mother gave birth to a stillborn child through a Caesarean section while under the midwife’s supervision. The court rejected the prosecution’s argument that the midwife had committed negligent homicide because surgery was performed too late, ruling that the unborn baby was not a human being, thus no homicide took place. “It was a very difficult decision,” said Judge Park Si-hwan, who presided over the trial, adding that he had reviewed similar cases at home and overseas as a reference. “Right now, it is too early to change Korea’s legal point of view that an unborn child is not a human being.” Yesterday’s verdict is in line with court precedents in 1982 and 1998, in which an unborn child was ruled to be a person only after labor begins. “It appears that Korea needs new legislation,” Park said. In April 2001, the mother, who was five months pregnant at the time, visited a childbirth facility in Seoul and consulted with a midwife. She visited the facility again as the birth date approached, but she felt no labor pains. The date passed, and the midwife told the mother to wait for two weeks. While waiting, the fetus died of cerebral damage. A Caesarean section was performed to remove the 5.2-kilogram stillborn child. The prosecution pressed the negligent injury charge against the midwife because the mother underwent surgery only after the baby died. In the appeals trial, prosecutors added a new charge of negligent homicide. The Supreme Court yesterday said the unborn baby is not considered a part of the mother’s body, and there is no legal ground other than abortion for a charge of negligent injury. Under Korean law, abortion can be punished by up to 1 year in prison or 2 million won ($2,174) in fines. The court also dismissed the prosecutors’ argument that the unborn child was a human being because a Caesarean section was available at the time of its death. “The mother did not have labor pains, which is the beginning of childbirth, thus the unborn baby cannot be recognized as a human being,” the ruling said. The verdict prompted concerns among Catholics, who consider an unborn child a human being from the moment of conception. “We are living in an era in which a 21-week unborn child can be saved with an incubator,” said Father Lee. “It is unacceptable to see a verdict where a 42-week unborn is not considered a human being.” Lee said the verdict reflected a view in Korean society that takes life lightly. Lee Yoon-seong, professor of medicine at Seoul National University, disagreed. “The Supreme Court ruling is not making light of life,” Lee said. “There is a legal need to distinguish between an unborn and a human being.” Professor Lee said various opinions exist on when an unborn is a human being. In Japan, a baby is considered a human being when a part of the baby emerges from the mother’s body. Germany applies the same legal standard as Korea. In the United States, definitions vary depending on the state. The decision on when human life begins is significant because various civil and criminal judgments are made based on the standard. The murder of a pregnant woman, for example, can be charged as two counts of murder if the unborn is considered a human being. By Ser Myo-ja Staff Writer/ Kim Seung-hyun JoongAng Ilbo [myoja@joongang.co.kr] |
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