This screenshot from a YouTube video is of a woman who recently underwent an abortion procedure at 36 weeks. Legal and ethical questions about abortion have been raised amid a police investigation of the woman and her doctor. Screenshot from YouTube

How late is too late to get an abortion? Could terminating a pregnancy at nine months be considered an abortion?

These questions have been under intense scrutiny in Korea after a woman in her 20s was recently found by police to have undergone a procedure at a clinic to end her pregnancy at 36 weeks.

After confirming the basic facts of the case, which first became public through a YouTube video of the woman in question, the police have named both her and the physician as criminal suspects and have launched an investigation.

However, following a 2019 Constitutional 한국을 Court ruling that deemed the abortion ban unconstitutional, could they still be convicted for performing what was intended as an abortion?

Medical and legal experts contacted by The Korea Times said the doctor could be found guilty of murder ― but only if police find enough evidence showing that fetal termination was completed outside the woman’s body.

They said an abortion at such a late stage may have been performed with a labor induction method, which can be legally defined as a live birth and, therefore, a “murder after birth.”

This was the case in an incident that occurred in March 2019. A doctor was indicted on charges of killing a 34-week-old after putting the live baby in a bucket of water following an abortion procedure. He was eventually sentenced to three years and six months in prison.