Legal Vacuum in Abortion Law After Constitutional Nonconformity in South Korea: Impacts on Women’s Health

Purpose: This study examines the impact on women's health of the legal vacuum created by the Constitutional Court of Korea's 2019 ruling declaring the abortion law constitutionally incompatible. Methods: An integrative literature review was conducted following PRISMA guidelines. Academic papers, government reports, and public data published after 2019 were collected and analyzed. A total of 22 studies were categorized into four themes: legal changes, women's health and reproductive rights, medical perspectives, and social and ethical issues. Results: The absence of clear legal standards following the ruling created uncertainty for both women and healthcare providers, leading to an increase in illegal abortions. This legal gap limited access to safe medical services, exposing women to physical risks and psychological distress due to social stigma. The debate between women's reproductive autonomy and fetal rights intensified, while South Korea's legislative response lagged behind global trends toward liberalization. Conclusion: The study highlights the urgent need for legal reforms that balance women's autonomy with fetal rights, ensuring access to safe medical services, psychological support, and clear legal standards.

Authors

Publication Details

Journal
J Korean Soc Nurs Ethics
Published
2025-08-31
DOI
https://doi.org/10.51462/jksne.2025.5.2.37
Primary Topic
International Human Rights and Reproductive Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Vacuum in Abortion Law After Constitutional Nonconformity in South Korea: Impacts on Women’s Health

S. Park
J Korean Soc Nurs Ethics
International Human Rights and Reproductive Law
article

Legal Vacuum in Abortion Law After Constitutional Nonconformity in South Korea: Impacts on Women’s Health

S. Park
article en

Abstract

Purpose: This study examines the impact on women's health of the legal vacuum created by the Constitutional Court of Korea's 2019 ruling declaring the abortion law constitutionally incompatible. Methods: An integrative literature review was conducted following PRISMA guidelines. Academic papers, government reports, and public data published after 2019 were collected and analyzed. A total of 22 studies were categorized into four themes: legal changes, women's health and reproductive rights, medical perspectives, and social and ethical issues. Results: The absence of clear legal standards following the ruling created uncertainty for both women and healthcare providers, leading to an increase in illegal abortions. This legal gap limited access to safe medical services, exposing women to physical risks and psychological distress due to social stigma. The debate between women's reproductive autonomy and fetal rights intensified, while South Korea's legislative response lagged behind global trends toward liberalization. Conclusion: The study highlights the urgent need for legal reforms that balance women's autonomy with fetal rights, ensuring access to safe medical services, psychological support, and clear legal standards.

J Korean Soc Nurs EthicsVol. 5(2)
Openalex Percentile: Top 71%
International Human Rights and Reproductive Law
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