Bodily autonomy prevails: SoKor court dismisses organ donation lawsuit
A South Korean man has sued his wife for “malicious abandonment” after she refused to donate part of her liver to save his life.
The couple, both in their early 30s, had been married for three years and were raising two daughters — one aged two and the other just a month old — when the husband fell seriously ill.
Last winter, doctors diagnosed the man with primary biliary cirrhosis and warned that without a liver transplant, he was unlikely to survive beyond a year. His parents sold their home to help cover medical costs, while his wife remained at his side as his primary carer.
Tests later showed that the wife was an almost perfect donor match, with compatibility exceeding 95%. But when asked to undergo surgery, she refused, telling doctors and relatives that she suffered from a severe fear of needles and surgical procedures.
The refusal caused a rift within the family, with he husband accusing her of wanting him to die and dismissing her caregiving, while his parents pressed her to reconsider. He later claimed to have uncovered evidence that she had previously undergone surgery and routine blood tests without difficulty.
A suitable liver from a brain-dead donor was eventually found, and the husband survived after a successful transplant.
When confronted afterwards, the wife admitted that her claimed phobia was an excuse, saying she feared surgical risks and worried that their children would be left without a mother if something went wrong.
The husband subsequently filed for divorce, arguing that her refusal amounted to abandonment and a failure of marital duty. The case went to court, where judges rejected his claim.
In its ruling, the court said organ donation was a matter of personal bodily autonomy and could not be forced, even between spouses. It also found that the husband’s coercion and verbal abuse had undermined the marriage.
The couple later agreed to divorce, with the wife retaining custody of their children. According to local media, she also continued to provide financial support for the husband’s recovery, as the case sparked widespread online debate, much of it in defence of her decision.
This story is written and edited by the Global South World team, you can contact us here.
