Are abortions legal in Korea?

South Korea, a country often associated with rapid modernization, cutting-edge technology, and cultural exports like K-pop and Korean dramas, has also been the site of profound legal and social change over the past few decades. One of the most controversial and hotly debated topics in recent years has been the issue of abortion.

So, are abortions legal in Korea? The short answer is yes—but it hasn’t always been that way, and the story behind how South Korea arrived at this legal position is as important as the law itself. To truly understand abortion laws in Korea, you need to consider not just legal texts, but also social attitudes, religious influences, gender politics, and a broader shift in the nation’s approach to women’s rights.

The Historical Legal Status of Abortion in South Korea

For many years, abortion was technically illegal in South Korea. The 1953 Criminal Act criminalized abortion, with only very narrow exceptions. Under Article 269 and 270, both the pregnant woman and the person performing the abortion (typically a doctor) could face criminal charges.

However, enforcement was inconsistent. During the 1970s and 1980s, when the South Korean government was concerned about overpopulation, authorities often turned a blind eye to abortions. In fact, the government quietly tolerated or even encouraged abortion as part of a broader family planning strategy, especially if the fetus was female, given the country’s historic preference for sons.

That began to change in the late 1990s and early 2000s, when declining birth rates became a major concern for policymakers. Suddenly, the government began to reframe abortion as a social problem and even tried to clamp down on it more aggressively. This led to increasing tension between the law as written and the reality of how women were living their lives.

The Push for Legal Reform: Women’s Rights and Public Pressure

Despite the legal restrictions, abortion was still widely practiced in South Korea. Estimates suggest that tens of thousands of abortions occurred annually, many in private clinics or under the table. But women’s rights advocates began pushing back, arguing that criminalizing abortion was both unjust and harmful to women’s health.

One of the turning points came in 2017, when a constitutional challenge to the abortion law was brought before South Korea’s Constitutional Court. The argument was that banning abortion violated a woman’s right to self-determination and to make decisions about her own body.

In April 2019, the court issued a landmark ruling: it declared that the existing abortion laws were unconstitutional. The court ordered the National Assembly to revise the law by the end of 2020, stating that the current ban excessively infringed on women's rights. If the legislature failed to act, the law would be automatically nullified.

The 2021 Legal Shift: Decriminalization of Abortion

As a result of the 2019 ruling, South Korea’s ban on abortion officially ended on January 1, 2021. From that point forward, abortion was no longer a criminal offense. This was a monumental change, not just in terms of legal language, but in the cultural and political climate around reproductive rights.

What’s especially important to note is that the government has not yet passed a comprehensive replacement law that provides detailed guidance on abortion access, gestational limits, or insurance coverage. In other words, abortion is now decriminalized, but the framework for how it is regulated and supported remains somewhat ambiguous.

What Does This Mean for Women in South Korea Today?

As of 2025, South Korea has no criminal penalties for abortion. That means:

• A woman can legally get an abortion without fear of prosecution.

• Doctors and medical professionals who perform abortions are also not subject to criminal penalties.

• Abortions are most commonly performed during the first trimester, although access during the second trimester may vary by provider and circumstance.

• There are still no clear national guidelines on gestational limits, mandatory waiting periods, or state-funded abortion services.

In practice, this means that access can depend heavily on where a woman lives, what kind of medical provider she visits, and how much she can afford to pay. Urban areas like Seoul or Busan are more likely to have clinics that offer abortion services, while rural areas may be more limited.

Additionally, some doctors remain hesitant to perform abortions, due to personal beliefs, fear of backlash, or uncertainty about legal protections. So while abortion is legal, it is not always easily accessible.

Social Attitudes and Ongoing Controversies

Legal change doesn’t automatically mean social acceptance. South Korea remains a conservative society in many ways, especially on issues involving sexuality, gender roles, and family. Religious groups—particularly conservative Christian organizations—have voiced strong opposition to abortion and continue to lobby for restrictive policies.

On the other hand, younger generations in Korea tend to be more liberal and supportive of reproductive rights. Women’s rights organizations have become more vocal, advocating not just for legal abortion, but for safe, affordable, and stigma-free access to reproductive healthcare.

There is also growing concern about how unmarried women, teenagers, and foreign women in Korea navigate abortion services. These groups may face greater stigma or barriers to care, even in a post-criminalization environment.

What’s Next? The Future of Abortion Law in Korea

Since the decriminalization of abortion in 2021, South Korea has entered a legal gray area. Lawmakers have yet to finalize a new legal framework that clearly outlines when, how, and under what conditions abortions can be performed. In the absence of clear rules, medical providers and women are left to interpret the law on their own.

Many advocates are pushing for the legalization of medical abortion pills (like mifepristone), better sex education, and expanded public health services related to reproductive care. There’s also a push for insurance to cover the cost of abortions, which can still be expensive and financially inaccessible for some women.

The political climate remains divided, and future changes will depend on the balance of power in South Korea’s National Assembly, as well as broader cultural shifts. But one thing is clear: the conversation about abortion in Korea is far from over.

Final Thoughts

Abortion is legal in South Korea today, thanks to a combination of constitutional advocacy, public pressure, and evolving social values. But while the criminal penalties are gone, real access to safe and affordable abortion still depends on many factors, from geography to money to politics.

For anyone living in or traveling to South Korea, it’s crucial to understand that legality doesn’t always mean simplicity. Women’s rights are still being negotiated, and the systems of support are still under construction. Still, the changes since 2019 represent a major victory for bodily autonomy and a turning point in South Korea’s journey toward greater gender equality.