A woman in her twenties has been sentenced to two years in prison for abandoning her newborn in a trash can after giving birth in a restroom at a shopping center.
On October 21, the Seoul Central District Court's 29th Criminal Division, led by Judge Eom Gi-pyo, sentenced Kim, who was charged with violating the Special Act on the Punishment of Child Abuse Crimes (child abuse homicide), to two years in prison and ordered her to complete a 40-hour child abuse treatment program.
Kim claimed she was in a state of mental distress and had no intention to abandon or harm the child. However, the court rejected her argument.
The court stated, "While Kim was startled during the sudden birth, placing the newborn, who lacked the ability to breathe on its own, in a trash can and covering it with tissue indicates at least a negligent intent to abandon or harm the child." It concluded that her mental state did not warrant a reduction in her sentence.
Additionally, the court noted that the Constitutional Court had previously upheld the punishment provisions for child abuse homicide, which stipulate life imprisonment or a minimum of five years in prison. The court remarked, "While there are shortcomings in support measures for mothers, it is not appropriate to lessen the punishment based on this reason."
The court emphasized the significant public demand for strict punishment, stating, "Even if the mother is in crisis, if she chooses not to utilize social support systems and attempts to harm the vulnerable fetus's right to life, we cannot avoid criminal punishment and must impose a prison sentence."
However, the court acknowledged that Kim acted out of panic due to the unexpected birth and considered the tragedy affecting both her and the child’s family.
Earlier, Kim gave birth to the child in a restroom at her workplace in April and abandoned the infant in a trash can. She attempted to suffocate the baby with tissue, but a coworker discovered the child and called emergency services.
The infant was rushed to the hospital in cardiac arrest and received emergency treatment before being transferred to a neonatal intensive care unit.
Following Kim's arrest, prosecutors filed for temporary measures to suspend her parental rights for the child's treatment and completed the birth registration. They also sought a ruling to terminate her parental rights to ensure the child's protection.
After approximately three months of treatment, the child was placed in a facility for infants in July. The child was diagnosed with severe hypoxic-ischemic encephalopathy, resulting in permanent brain damage.
* This article has been translated by AI.
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