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Seven Years Without a Pill: 5 Reasons Korea's Abortion Medication Mifegymiso Remains Blocked by Inter-Ministry Disputes — 7 Years After the Constitutional Court Ruling

Seven years after the Constitutional Court's 2019 ruling striking down South Korea's abortion ban, the WHO-recommended abortion medication 'Mifegymiso' (mifepristone + misoprostol) remains unavailable due to ongoing disagreements among the Ministry of Health and Welfare, the Ministry of Food and Drug Safety, and the Ministry of Gender Equality and Family. Despite President Lee Jae-myung's direct rebuke, the MFDS continues to insist on legislation first, leaving women to terminate pregnancies using the toxic chemotherapy drug MTX — a situation now in its seventh year.

Government Complex Seoul (Source: Wikimedia Commons, CC BY-SA 3.0)
Government Complex Seoul (Source: Wikimedia Commons, CC BY-SA 3.0)

Why this matters now: In 2026 — the seventh anniversary of the Constitutional Court's ruling on abortion — South Korea remains a country without the WHO-recommended abortion medication. As of March 6, women are still terminating pregnancies using chemotherapy drugs.

TL;DR

  • 2019: Constitutional Court rules abortion ban unconstitutional → 2021: Abortion decriminalized → 7 years of legislative and pharmaceutical void
  • Hyundai Pharm's third application to approve 'Mifegymiso' is pending, but MFDS review is effectively stalled
  • Inter-ministry disagreements among the Ministry of Health, MFDS, and Ministry of Gender Equality have paralyzed policy discussions
  • President Lee Jae-myung's direct rebuke — "How many more years of deliberation do you need?" — has produced no progress
  • Women left without alternatives are using the cytotoxic chemotherapy drug MTX to terminate pregnancies → over 864 side effects reported

📌 The Facts: What Happened

In April 2019, the Constitutional Court ruled that the criminal code provisions imposing a blanket ban on abortion were incompatible with the Constitution. Since January 2021, abortion has been effectively decriminalized — yet six years on, the National Assembly has still failed to enact follow-up legislation.

The current situation:

  • Amendments to the Mother and Child Health Act and the Criminal Code are pending in the National Assembly
  • Hyundai Pharm, which holds an exclusive contract with UK-based Linepharma, submitted applications to approve 'Mifegymiso' (mifepristone 200mg + misoprostol x4) in 2021, 2023, and December 2024 — but the MFDS has suspended full review each time, citing the "legislation first" principle
  • As of March 2026, women in Korea are terminating pregnancies with the chemotherapy drug MTX (methotrexate) or invasive surgery, instead of the WHO-recommended medication

The March 4 Shockwave at the National Assembly Health Committee

Data released by Rep. Nam In-soon of the Democratic Party of Korea at the Health and Welfare Committee hearing showed that even after President Lee's rebuke, the MFDS has maintained its position of "inter-ministry consultation in progress" with no change. Authorities detected 2,641 cases of illegal online sales of mifepristone between 2021 and early 2026.


🔥 Why This Is Back in the Spotlight

  1. Shocking March 4 ruling by Seoul Central District Court — Two doctors convicted for killing their newborn after a home delivery at 36 weeks of pregnancy. Amnesty International criticized: "The legislative vacuum is turning women into murder suspects."
  2. Korea JoongAng Daily (March 6) report — "Seven years after abortion ban struck down, abortion medication still blocked as ministries can't agree" — extensive coverage
  3. The women's health rights issue re-emerging alongside BTS comeback and judicial reform debates
  4. The issue gaining political traction among female voters ahead of the June local elections

🧩 Context & Background: Why Has It Taken 7 Years?

The Three-Way Ministry Standoff

MinistryPosition
Ministry of Food and Drug Safety (MFDS)"Legislation first, approval second" — criteria for drug indications and dosages must be established by law first
Ministry of Health and WelfareAcknowledges the need to amend the Mother and Child Health Act, but disagrees on specifics such as gestational limits and conditions
Ministry of Gender Equality and FamilyEmphasizes protecting women's health rights and supports faster approval

Key sticking points:

  • Permissible gestational limit: Within 10 weeks? 12 weeks? Any stage?
  • Prescribing authority: OB-GYN specialists only? Or general practitioners too?
  • National Health Insurance coverage eligibility
  • Scope of pharmacy dispensing permissions

The National Assembly has introduced multiple bills — including one by Rep. Nam In-soon (first introduced in the 22nd Assembly in July 2024) with bipartisan support — but processing has been delayed due to failure to agree on specific conditions.

The Gap with Global Standards

⚠️
The World Health Organization (WHO) recommends combined use of mifepristone + misoprostol as the first-line method for abortion within 12 weeks of pregnancy. It has been approved in over 60 countries including the US, UK, France, Germany, Australia, and Canada — yet South Korea remains unapproved as of 2026.

🔮 Outlook: How Long Will This Go On?

Short-term (H1 2026)

  • Women's health rights likely to become a political flashpoint before the June 3 local elections (D-89)
  • Hyundai Pharm's third application (December 2024) → MFDS review timeline undetermined
  • Continued pressure through National Assembly hearings expected

Medium-term (H2 2026 onward)

  • Whether the legislative vacuum is resolved after the local elections will be the critical turning point
  • If inter-ministry agreement fails, court rulings may effectively substitute for legislative action

✅ Checklist: 5 Core Issues

Resolving the legislative gap — Will the Mother and Child Health Act and Criminal Code amendments pass the National Assembly?
Resuming Mifegymiso approval review — Will the MFDS change its "legislation first" stance?
Establishing an inter-ministry task force — Will an official coordination body among the Ministry of Health, MFDS, and Ministry of Gender Equality be launched?
Ending MTX misuse — Will there be an official government investigation into the clinical reality of chemotherapy drug use for abortion?
National Health Insurance coverage — Will access be guaranteed without financial barriers?

📎 References


🖼 Image Source

  • Government Complex Seoul: Wikimedia Commons, CC BY-SA 3.0

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