South Korea is one of the few developed countries around the world that has criminalized abortion. On April 11th 2019, South Korea’s Supreme Court ruled that the ban on abortion was unconstitutional and would be lifted (S. Kim, 2019). Women would no longer be facing prison or incur massive fines for getting an abortion (McCurry, 2019). This policy change was the result of the endless work done by activists and the changing sociocultural views on abortions and gendered biases. While the structures that upheld the criminalization of abortion in the past have not been eradicated overnight, the policy change is testimony that systems are gradually changing in South Korea. The policy change that lifted the abortion ban in South Korea shows how the contemporary reproductive movement has contributed to social change. The history of this policy is embedded in gender injustices and cultural conventions that mimic many other Asian countries. The long term effects of this policy change are yet to be seen as it is so recent. However, it will most likely result in safer abortions and potentially greater female independence within South Korea.
Women are disproportionately affected by the political situation around them and are often subjected to increased violence when there is political tension. These political constructions explain attempts to control women’s identities through structures of violence. This is also evident in the violence women face in Afghanistan and Pakistan during times of war where “gender biases are reinforced pervasive militarization” (D’costa, 2016). These structures of violence are emulated in the policies that criminalize abortion and put women’s lives at risk. Women’s bodies are put at risk by being forced to have illegal abortions because of the political systems in place. In these cases, the process of a having an illegal abortion is violent. In South Korean household’s men hold the political and legal privileges, whilst women are only deemed important for their reproductive abilities (Sung, 2012). These deeply ingrained practices of stigmatization can be seen as a contributing factor to the reason why South Korea has some of the highest number of abortions in the world (Sung, 2012). The female narrative within South Korean society is therefore defined by her status within the family. Another identifiable contribution to the historical background of the creation the criminalization of abortion in South Korea, is the aftermath of the war resulting in a need to increase in population size. Following the Korean war was the prohibition of abortions and tighter enforcement of this regulation (H. Kim, 2018), affirming that the South Korean governments push for population control could have been a direct influence to ban abortions. While the government in South Korea at the time opposed this new policy of lifting the ban on abortion, it was deemed unconstitutional by the Korean Supreme Court. This is because the socio-political change has been brought by the people and not the government.
It was because of activist groups such as ‘Joint Action’ that sought to abolish the criminalization of abortions, that this policy was changed. Their aim was to present to the courts that unsafe illegal abortions were taking place, and how it put many women at risk (S. Kim, 2019). These activist groups managed to bring about policy change by addressing that health and human rights were more important that the social structures that demonized women for having abortions. It is evident that the criminalization of abortion did not help to reduce abortion rates, as 168, 738 abortions took place in 2010, with only 6.4% of them being legal (H. Kim, 2018). The South Korean government pushing for stricter enforcement laws motivated activists to fight harder for the abortion ban to be lifted. Although the policy has now changed, the cultural conventions that exist around society’s perceptions about abortion still exist. While it is notable that there were activist groups and general populous consensus for lifting this ban, there are still many women in South Korea today who are stigmatized for being a woman who had an abortion. These gendered morality tales focus on what an individual is ‘doing wrong’, as opposed to looking at the structural conditions present (Mills, 2016). This suggests there is still the issue of women being subjected to shame for actions that are deemed ‘wrong’ by society.
The mere fact that this policy is now being adopted in South Korea represents structural shifts in society. This policy change suggests that more women are increasingly able to have their voice heard and their bodies respected. It is both a result of the success of feminist movements, and a reason for creating further structural shifts in South Korean society. My assessment of this policy is that it will bring greater freedom to women’s independence, and will address the structures of patriarchy and cultural conventions which demonize women for making their own choices about their bodies. This policy change can be comparable to the Bill of 2014 in India, that made it illegal for women to become surrogate mothers. Studies show that “potential harms to all parties involved can be avoided through government regulations, rather than illegalization” (Huber, 2017). Where in India the bill represents women’s choices not being respected because their bodies have become a politicised issue, the lift on the abortion ban in South Korea presents a progressive shift where a woman can be in control of her body. In Asian communities and political contexts, there have been many shifts of the politicization of the female body and it is refreshing to see that South Korea is leading the way in breaking down sociocultural conventions which are harmful to the livelihood of women. I hope that this policy change will bring about more social change and will deconstruct the traditional roles that females are expected fill in society.
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