by the Supreme Court of Korea

“ Summary of Decision The start point of human is the time when the deliberation has started (so called labor pain theory or deliberation starting theory) with periodic labor pains under the interpretation of criminal act that protects life of a man and physical security. The period when medically Caesarean section was possible but normatively operation was needed could be interpreted differently by persons and situations, the period of starting the delivery which is the period of human could be unclear, therefore cannot be accepted. ”

“ The act has no separate clause for negligent abortion and attempted abortion. Therefore, criminal law does not regard fetus as part of body of pregnant woman, and abortion behavior can not be regarded as comprising a charge of injuring pregnant woman regardless of the fact that abortion behavior encroach the function of baby nurturing and giving birth to a child. Therefore, the act of putting unborn child to death cannot be interpreted as injuring part of body of pregnant woman or violating the physiological function of nurturing or giving birth to a child due to the death of a child. ”

“ A person who inflicts a bodily injury upon another shall be punished by imprisonment for not more than seven years or suspension of qualifications for not more than ten years or by a fine not exceeding ten million won. ”