KJCKorea
Journal Central

@article{ART002759658},
author={JUNG Chang-Whan and CHOI KYUJIN},
title={Why the Korean Law that Prohibits Fetal Sex Prediction Must be Abolished},
journal={Korean Journal of Medical Ethics },
issn={2005-8284},
year={2021},
volume={24},
number={3},
pages={317-334},
doi={10.35301/ksme.2021.24.3.317}

TY - JOUR
AU - JUNG Chang-Whan
AU - CHOI KYUJIN
TI - Why the Korean Law that Prohibits Fetal Sex Prediction Must be Abolished
JO - Korean Journal of Medical Ethics
PY - 2021
VL - 24
IS - 3
PB - The Korean Society For Medical Ethics
SP - 317
EP - 334
SN - 2005-8284
AB - South Korea’s Medical Service Act of 1987 prohibits medical personnel from conducting diagnostic tests on pregnant woman for the purpose of predicting the sex of the fetus. This provision of the Medical Service Act was originally adopted to prevent sex-specific births and a gender imbalance in Korea, given the preference for sons that was common in Korean society at that time. Since it was first enacted, the contents and related penalties for this law have been revised. As of 2016, medical personnel who attempt fetal sex prediction before 32 weeks gestation are subject to having their license suspended for one year and being imprisoned for up to two years. Within the past decade, gains in women’s socioeconomic status in Korea have decreased or eliminated the long-standing cultural preference for sons. As a result, artificial interventions for the purpose of sex-specific births have almost disappeared. In a survey conducted in 2018, 97.7% of cases artificial abortion were performed in cases under 16 weeks gestation, when the sex of the fetus was unknown. In the case of genetic diseases, such as X chromosome-related diseases, it is medically necessary to determine the sex of the fetus. In the current context, in which the crime of abortion has been abolished in Korea, the remaining prohibition on fetal sex prediction is irrational. This article argues for abolishing Korea’s prohibition on fetal sex prediction both because there are legitimate medical needs for determining the sex of a fetus and because the original purpose of the law no longer exists, given the significant social changes that have taken place in Korean society since 1987.
KW - fetal sex prediction;medical service act;abortion;crime of abortion;son preference
DO - 10.35301/ksme.2021.24.3.317
ER -

JUNG Chang-Whan and CHOI KYUJIN. (2021). Why the Korean Law that Prohibits Fetal Sex Prediction Must be Abolished. Korean Journal of Medical Ethics , 24(3), 317-334.

JUNG Chang-Whan and CHOI KYUJIN. 2021, "Why the Korean Law that Prohibits Fetal Sex Prediction Must be Abolished", Korean Journal of Medical Ethics , vol.24, no.3 pp.317-334. Available from: doi:10.35301/ksme.2021.24.3.317

JUNG Chang-Whan, CHOI KYUJIN "Why the Korean Law that Prohibits Fetal Sex Prediction Must be Abolished" Korean Journal of Medical Ethics 24.3 pp.317-334 (2021) : 317.

JUNG Chang-Whan, CHOI KYUJIN. Why the Korean Law that Prohibits Fetal Sex Prediction Must be Abolished. 2021; 24(3), 317-334. Available from: doi:10.35301/ksme.2021.24.3.317

JUNG Chang-Whan and CHOI KYUJIN. "Why the Korean Law that Prohibits Fetal Sex Prediction Must be Abolished" Korean Journal of Medical Ethics 24, no.3 (2021) : 317-334.doi: 10.35301/ksme.2021.24.3.317

JUNG Chang-Whan; CHOI KYUJIN. Why the Korean Law that Prohibits Fetal Sex Prediction Must be Abolished. Korean Journal of Medical Ethics , 24(3), 317-334. doi: 10.35301/ksme.2021.24.3.317

JUNG Chang-Whan; CHOI KYUJIN. Why the Korean Law that Prohibits Fetal Sex Prediction Must be Abolished. Korean Journal of Medical Ethics . 2021; 24(3) 317-334. doi: 10.35301/ksme.2021.24.3.317

JUNG Chang-Whan, CHOI KYUJIN. Why the Korean Law that Prohibits Fetal Sex Prediction Must be Abolished. 2021; 24(3), 317-334. Available from: doi:10.35301/ksme.2021.24.3.317

JUNG Chang-Whan and CHOI KYUJIN. "Why the Korean Law that Prohibits Fetal Sex Prediction Must be Abolished" Korean Journal of Medical Ethics 24, no.3 (2021) : 317-334.doi: 10.35301/ksme.2021.24.3.317