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생명 보호를 위한 합헌적 입법 제안

Constitutional Legislative Proposal for Life Protection

한국모자보건학회지 2020년 24권 1호 p.1 ~ 8
KMID : 0892720200240010001
엄주희 ( Eom Ju-Hee ) - 연세대학교 의료법윤리학연구원

Abstract

In April 2019, the Constitutional Court's decision on abortions left challenges in our society about addressing the value of life and the rights and safety of pregnant women. This paper examines the implication of and problems with the decision of the Constitutional Court - affecting the meaning and understanding of a fetus’s right to life versus a pregnant woman’s right to self-determination, the determinable period, and the independent viability of the fetus. As for the legislative guidelines, the text of the related bill included the following consideration: the fetus’ right to life and the biological father’s responsibilities; institutional guarantees to support pregnancy, childbirth, and nursing by pregnant women as a social security approach; exclusion of socioeconomic reasons and careful consideration; and the provisions of Fetal Life Protection Counseling, guaranteeing the right of veto participating the operation of abortions and government's supervision of abortions. In this paper, the Bill entitled “Act for Expanding Pregnancy Support and Preventing and Overcoming Pregnancy Conflict” may be used as a reference for future parliamentary debates, and may be a stepping stone for legislation that can save fetus’ lives, women's lives, and the future.
KeyWords

Abortion, Constitutional nonconformity, Right to life, Fetus, Right of self-determination
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