A Korean court has sentenced a hospital director and surgeon to prison after they delivered a 36-week fetus by cesarean section and then killed the newborn, ruling that the defendants acted with dolus eventualis (conditional intent) to commit murder.

The case sparked nationwide shock after the mother herself revealed the procedure on YouTube.


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⚖️ Court & Case

Court: Seoul Central District Court

Division: Criminal Division 33

Presiding Judge: Lee Jin‑gwan

Decision Date: March 5, 2026



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🧾 Sentences

The court convicted the defendants of murder and related crimes:

Hospital Director (Yoon)

6 years imprisonment

Fine: ₩1.5 million

Confiscation: ₩1.15 billion


Operating Doctor (Shim)

4 years imprisonment

Employment restriction: 5 years


Mother (Kwon)

3 years imprisonment

Suspended for 5 years

200 hours community service

Employment restriction: 5 years


Medical Brokers

One broker: 1 year imprisonment + ₩219.95 million confiscation

Second broker: 10 months imprisonment (suspended 2 years) + ₩92 million confiscation



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🧠 What Happened

In June 2024, the mother visited a hospital seeking a late-term abortion.

The fetus was 34–36 weeks gestational age.

Doctors performed a C-section delivery.

After birth:

The newborn was covered with cloth.

Placed in a freezer.

The infant died.



The hospital director had also:

Received 527 patient referrals from brokers

Earned ₩1.46 billion through the illegal scheme.


The case became public after the mother posted a YouTube video describing the procedure.


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⚖️ Court’s Reasoning

The court found murder with conditional intent.

Key reasoning:

Once the baby was born, it became a legal subject with a constitutional right to life.

No one has the right to kill a living newborn.

The act of placing the newborn in a freezer caused death.


The judge emphasized:

> “The victim died without even taking a breath, ending life in a freezing place.”




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📉 Aggravating Factors (Hospital Director)

The court cited several factors worsening the sentence:

Falsifying medical records

Asking staff to give false statements

Attempting to mislead investigators using medical knowledge

Efforts to conceal the crime



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⚖️ Why the Mother Received a Suspended Sentence

The court acknowledged the gravity of the offense but cited mitigating circumstances:

She faced pregnancy alone with little support.

Korea lacks sufficient institutional protection for crisis pregnancies.


The court stated:

> Society’s failure to provide support may have contributed to the crime.




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📚 Factors Against the Mother

Despite the suspension, the court criticized several actions:

Actively seeking illegal late-term abortion providers

Not exploring alternatives such as adoption

Negotiating surgical fees to proceed with the procedure

Showing more concern about surgical scars than the infant’s remains

Publishing the experience online for monetized YouTube content



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⚖️ Legal Significance

This case reinforces several key principles in Korean criminal law:

A fetus becomes a legal person once born alive, even if delivery occurs during an abortion procedure.

Killing the newborn after delivery constitutes murder, not abortion.

Courts may still consider social circumstances surrounding vulnerable mothers during sentencing.


The ruling also highlights growing legal scrutiny of late-term illegal abortion networks involving brokers and private clinics.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=217209