A South Korean court on Tuesday found a 45-year-old woman not guilty of selling her baby, saying the 1 million won ($720) she received from the couple who took the child does not appear to the payment for the girl.
Incheon District Court cleared the baby-selling charge for the woman and the couple who took the baby. The three were indicted on charge of trading the baby born on Nov. 7, 2016, which is banned by Article 17-1 of the Child Welfare Act and punishable by up to 10 years in prison.
The birth mother of the child had wanted to send her baby for adoption, because she thought it would be impossible to raise her. The baby's biological father was not the woman’s common-law husband, who is the father of her three children.
The court said in its verdict that the 1 million won given to the birthmother was thought to be a "moral measure" and not payment, based on the fact that she did not explicitly request the money and the couple sent her a message, "take care of yourself." It also considered the fact that the mother of the baby had argued with her own mother, who suggested the couple pay more in exchange for the baby.
The court pointed out that the birth mother of the baby had consistently wanted to have the baby adopted, regardless of the money.
While the defendants were cleared of the baby sale charge, the court handed the couple four months in prison, suspended for one year, for falsely registering the baby as their biological daughter.
There have been no major issues reported concerning the welfare of the child, who is attending an elementary school.
