ScholarWorks@숙명여자대학교

초록

Abortion has been a social issue. In April 2019, the Constitutional Court ruled that criminal penalties for abortion were an excessive violation of a woman's right to self-determination and were contrary to the right to life of the fetus. The protection of life is also not an absolute The fetus is dependent on the mother, but constitutionally independent basic rights subjectivity is recognized. Therefore, the right to life of the fetus and the right to self-determination of the fertility can be seen as a conflict issue of fundamental rights in which different legal interests of different fundamental rights subjects collide. On the other hand, since the protection of people's lives is the primary responsibility of the state, abortion sins can be discussed in terms of the duty of protection of the state, not the conflict of fundamental rights, regardless of whether or not the fetus is recognized for its fundamental rights. The protection of life is undeniable an important rule of law that is the prerequisite for all fundamental rights, but it is not an absolute fundamental right that cannot be limited. Therefore, as a way to eliminate the unconstitutionality of the current abortion offense, the addition of social and economic reasons in addition to the permitting of abortion stipulated by pregnancy parking or the reason for the legality of the Maternal and Child Health Act is discussed. However, the method of adding social and economic reasons as a reason for the legality of abortion does not recognize the right to self-determination of the Pregnant, and there are real difficulties in setting and confirming the criteria. Therefore, based on the qualitative approach to the life of the fetus, it was proposed to give the predominance of the self-determination rights of the pregnant part only in the early stages of pregnancy through conflicting legal interests and specific sentences. Rather than banning abortion entirely as a punishment, the provision of a system to choose to give birth rather than abortion, and the state's efforts to alleviate the responsibility for childcare borne by individuals, are the only way to ensure the self-determination of the president and the life of the fetus.

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