Supreme Law confirms doctor’innocent’ for abortion operation… First decision after unconstitutional decision
Kim Eun-ji, reporter at Busan.com [email protected] ｜ 2021-02-12 10:51:50
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The Supreme Court overturned the court case and directly convicted a doctor who underwent an abortion before the Constitutional Court decided on abortion inconsistency.
The second division of the Supreme Court (Presiding Judge Noh Jeong-hee) announced on the 12th that it had violated the court case sentenced for suspension of sentence in the appeal of A, a gynecologist accused of abortion on the job, and tried to destroy it as innocent. In the case of restructuring, the court of appeals court overturns the judgment of the lower court and decides the case directly without returning it to the lower court.
This is the first time that the court has convicted an abortion procedure based on the constitutional judgment.
In September 2013, Mr. A had been tried for an abortion at the request of a single mother, Mr. B. At that time, it was investigated that Mr. B visited A’s hospital after being introduced by a broker who arranged for abortion surgery.
The first and second trials admitted Mr. A’s guilty, but decided to postpone the sentence. The first trial said, “It seems that the health condition of the pregnant woman (who requested the procedure) was not good, and the defendant took into account the circumstances that he pledged to live faithfully to the duty of the doctor.
Since then, the case has been held in the Supreme Court for more than three years from 2017. In the meantime, the first decision was made to be’unconstitutional’ in the constitution to punish women and medical workers who have abortions.
After the second trial was over, the Constitutional Court decided it was unconstitutional for the abortion, and the Supreme Court ex officio condemned Mr. A.
The judge ruled that “a clause that has been determined to be unconstitutional must be acquitted because it is retroactively invalidated.”
Kim Eun-ji, reporter at Busan.com [email protected]