<Case Brief>

Court

Cheongju District Court
Criminal Division (Single Judge)


Presiding Judge

Kang Hyun-ho


Charges

Abandonment and Concealment of a Corpse (사체유기)



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Holding

Concealing the body of a stillborn fetus for an extended period without reporting it to authorities or family constitutes a serious violation of human dignity and warrants actual imprisonment, regardless of personal motives.


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Key Facts

The defendant, a naturalized Korean woman originally from Vietnam, gave birth to a stillborn fetus (estimated 21–25 weeks gestation) in January 2024.

She delivered alone at home and placed the body in a freezer, where it remained for approximately one month.

The body was discovered by the defendant’s mother-in-law during routine cleaning.

The defendant’s former husband later buried the remains in a nearby vacant lot and voluntarily reported himself to the police the following day.

During police questioning, the defendant stated that she acted out of fear that her extramarital affair would be revealed and claimed she intended to eventually take the remains to Vietnam for burial.



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Court’s Reasoning

Advanced fetal development mattered
The court emphasized that the fetus was significantly developed in size and form, increasing the gravity of the conduct.

Failure to report was decisive
The defendant neither contacted authorities nor informed family members, choosing concealment instead.

Human dignity extends to the deceased
The prolonged storage of the remains in a freezer was deemed an act that seriously undermined human dignity, making strict punishment unavoidable.

Personal fear is not a legal justification
Emotional distress or fear of social consequences did not excuse the unlawful handling of human remains.



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Sentences Imposed

Defendant (A):

1 year and 6 months of imprisonment


Former husband (B):

1 year of imprisonment, suspended for 2 years




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Why This Case Matters

Clear boundary between stillbirth and lawful handling of remains
Even where no homicide is involved, improper concealment triggers criminal liability.

Strong judicial emphasis on human dignity
Korean courts continue to treat post-mortem dignity as a core constitutional value.

Guidance for future cases involving concealed births or stillbirths
The ruling clarifies that silence and concealment aggravate, rather than mitigate, responsibility.



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Takeaway

> In Korean criminal law, human dignity does not end with death, nor is it suspended by fear or shame. Concealment itself can be the crime.

Article: https://m.yonhapnewstv.co.kr/news/AKR20260203115613VLg