출산억제정책으로서 모자보건법과 낙태에 대한 반성적 접근

= Symposium : The Reconsideration on the Mother and Child Health Law and the Abortion for the Control Policy on Delivery

• 저자[authors] : 김성진 ( Sung Jin Kim )
• 학술지명[periodical name] : 법과 정책연구
• 권호사항[Volume/Issue] : Vol.10No.1[2010]
• 발행처[publisher] : 한국법정책학회
• 자료유형[Document Type] : 학술저널
• 수록면[Pagination] : 63-82
• 언어[language] : Korean
• 발행년[Publication Year] : 2010
• KDC[Korean Decimal Classification] : 360.05
• 주제어[descriptor] : 낙태,태아,생명권,자기결정권,모자보건법,Abortion,Fetus,Right to Life,Pro-Life,Right of self-decision,Pro-choice,The mother and child health Law

초록[abstracts]

[There is the strong forbidden clause of criminal law about abortion. But in reality, a lot of illegal abortion are performed despite of the permissible clause in The Mother and Child Health Law. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the analysis of the Abortion Regulation to reform the existing regulation and increase the effectiveness of the regulations. The Mother and Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But the right of life is an essential part of human dignity, and the life of fetus is virtually all in the fetus` dignity. Therefore the abortion must to be permissible in more strict condition. And the permissible period of abortion must be shortened from gestation 24 weeks to gestation 12 weeks. It is necessary to be revised of the penalty provision against illegal abortion for the purpose of protecting life and preventing the illegal abortion. In conclusion, I basically oppose to abortion for human dignity, except special cases. Therefore the abortion may be morally permissible for the case of a woman`life is threatened by pregnancy and unavoidable abortion after rape, because nobody is morally required to sacrifice her life to keep another person life.]