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 In a statement, it said the ban, as well as a law making doctors
liable to criminal charges for abortions done with the woman's
consent, were both unconstitutional.
"The law criminalizing a woman who undergoes abortion of her own
will goes beyond the minimum needed to achieve the legislative
purpose and limits the right of self-determination of the woman," it
said in its ruling.
Seven of the nine justices ruled the law unconstitutional, and two
dissented. It had survived a challenge in 2012 when the court split
evenly, four to four, as one seat was vacant then.
"I believe this ruling frees women from shackles," said Kim Su-jung,
a lawyer representing the plaintiff, a doctor charged with
conducting 69 illegal abortions.
The ruling reflects a trend towards decriminalizing abortion, as
cases of criminal punishment have fallen in recent years.
Just eight new cases of illegal abortion were prosecuted in 2017,
down from 24 in 2016, judicial data show. Of 14 cases decided in
lower courts in 2017, 10 postponed a ruling on condition that no
crime be committed for a fixed time.
A survey by polling firm Realmeter last week showed more than 58
percent of South Korean respondents favor scrapping the ban, but a
little over 30 percent wanted it retained.
Dueling demonstrations outside the courthouse highlighted persistent
divisions in opinion.
"How could you kill a baby that’s growing inside you? Abortion is a
murder," said Kim Yeong-ju, a 47-year-old mother of two who
demonstrated in favor of the ban.
But the ruling helps ensure pregnancy is a personal choice, said Lee
Ga-hyun, who joined a protest against the law after she saw a friend
risk her life using illegal medication for an abortion.
"I welcome today’s ruling, which made it possible for women like me
and my friend to live their lives freely," added Lee, 27.
LONGTIME BAN
The abortion ban dates from 1953, and has not changed materially
since South Korea first adopted its criminal law after the 1950-1953
Korean War.
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Abortion numbers have been dropping, with 49,764 estimated for women
between 15 and 44 in 2017, down from 342,433 in 2005 and 168,738 in
2010, as birth control measures spread and the population of women
in that age range falls, says the Korea Institute for Health and
Social Affairs.
A 2017 petition urging the presidential Blue House to scrap the law
against abortion and allow abortion medication drew more than
230,000 signatures.
At the time, a senior government official said existing law was
problematic because it only held women accountable for abortion.
President Moon Jae-in, a liberal, has not stated clearly if he
supports the law, but has called for more discussions to build
consensus.
The law prescribes jail for up to a year or fines of up to 2 million
won ($1,756) for women who undergo abortion.
It also sets terms of up to two years in jail and seven-year license
suspensions for medical professionals, including doctors, who
provide abortions at the woman's request.
Exemptions now allow abortions within 24 weeks of pregnancy for
medical reasons, such as a hereditary disease or grave danger to the
mother, or following rape.
In all those cases, the law requires the spouse's permission.
"If the case does not fall under an exemption, the law forces the
pregnant woman to maintain the pregnancy completely and uniformly,
without exception," the court said.
But the law will stay on the books until the end of 2020, it added,
to allow time for its revision.
In a statement, the government said it would respect the decision
and take steps to comply.
($1=1,138.9000 won)
(Reporting by Joyce Lee and Josh Smith; Additional reporting by
Hyonhee Shin, Dogyun Kim, and Daewoung Kim; Editing by Michael Perry
and Clarence Fernandez)
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