Main Issues
Whether an act of abortion operation or illegality has been committed inevitably because it is highly likely to harm the health of the mother, and the possibility of giving birth to the baby or the baby without a baby is low.
Summary of Judgment
The maintenance of pregnancy is highly likely to harm the health of the mother's body, and the operation of abortion surgery by the mother's and the doctor's abortion inevitably conducted under the judgment that there is no possibility of giving birth to the mother's or the unborn baby is a case where there is no illegality because it constitutes a legitimate act or an emergency evacuation.
Escopics
Defendant
upper and high-ranking persons
Prosecutor
original decision
Seoul Criminal Court Decision 74No1405 delivered on December 17, 1974
Text
The appeal is dismissed.
Reasons
The prosecutor of the Seoul District Prosecutors' Office' last office's ground of appeal is examined.
The court below affirmed the judgment of the court of first instance that found the defendant not guilty for the reason that the defendant's death in the order of correction of the victim of this case constitutes a legitimate act or an emergency evacuation, and that there is no evidence to readily conclude that the defendant's failure to perform his duty of care ordinarily required in the course of abortion and treatment subsequent thereto was caused by negligence, and that the defendant's failure to perform his duty of care normally required in the course of abortion, and that according to the timely evidence, the reason why the defendant performed abortion to the above order of correction is considerably likely to harm the health of the mother's body, and that there is no possibility that the maintenance of pregnancy might harm the mother's health, and that there is no possibility that the baby or the baby's baby might be delivered.
In light of the records, the court below's decision based on such reasons is justified, and there is no error of law by misunderstanding the legal principles of abortion or the legal principles of emergency evacuation, such as the violation of the rules of evidence or the defense of the arguments, as it is acknowledged that the death of the above corrective order in this case cannot be deemed as being caused by the defendant's negligence, and that the abortion procedure constitutes a legitimate act or an emergency evacuation.
The appeal shall not be adopted as a result of the misunderstanding of facts that could not serve as the reason for the appeal in this case, unless the court below's exclusive jurisdiction over the determination of the evidence is costed, or unless otherwise, the appeal is justified, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Shin Young-chul (Presiding Justice)