@article{ART001497503},
author={Hwan Myoung Pyo},
title={Constitutional study of the protection of an unborn child's life},
journal={Public Land Law Review},
issn={1226-251X},
year={2010},
volume={51},
pages={343-364}
TY - JOUR
AU - Hwan Myoung Pyo
TI - Constitutional study of the protection of an unborn child's life
JO - Public Land Law Review
PY - 2010
VL - 51
IS - null
PB - Korean Public Land Law Association
SP - 343
EP - 364
SN - 1226-251X
AB - This paper described laying stress on constitutional several problems about the protection of an unborn child's life protection. The right to life as constitutional right is acknowledging as the right of all humans. Furthermore, the basic right to life of an unborn chid, who is in development stage of formation of human, is admitted. Therefore, the state takes duty to protect the right to life of an unborn chid according to sentence 2 of Art. 10 of Constitutional law. In concerning of the protection of an unborn child, who is the subject of the right to life, Criminal law keeps a regulation that prohibits abortion in principle.
Regulation of crime about abortion has characters which are as benefit and protection of an unborn child's life and legislative protection law for an unborn child in pregnant's secondary self-determination.
So, regulation of illegal abortion on criminal is judged from not viewpoint of restriction of nature right but the legislative protection law of nature right.
In contrast, regulation of restricted permission of induced abortion on Art. 14 of Mother and Child Health Law has meanings which are as a pregnant's protective regulation as well as protection of unborn child's life.
However, the reason of regulation of permission of induced abortion on Art . 14 of Mother and Child Health Law involves character restricting of right to an unborn child's life more strongly. On that score, examination of constitutional justice on Art. 14 of Mother and Child Health Law is applied the anti-overrestriction principle and the principle of definiteness as a screening of restrictive act of nature rights.
In this paper, I have drawn constitutional justice with showing constitutional possibility of discriminative treatment about life's value on stage of forming human and theory of protection of required nature rights on regulation of criminal abortion on Criminal law as a legislative protection law enacting graded treatment of life.
But, about regulation of restricted permission of induced abortion on Art. 14 of Mother and Child Health Law, this paper showed that problem and presented direction of new legislation, applying the anti-overrestriction principle and the principle of definiteness. Also, this paper suggested regulating another reason of deadline showing constitutional problems about protection of an unborn child's life related to Art. 15 of Mother and Child Health Law which enacts the reason of deadline.
KW - unborn child(태아);protection of unborn child's life(태아의 생명보호);right to life(생명권);abortion(인공임신중절);Art. 14 of Mother and Child Health Law(모자보건법 제14조);adaptation(적응방식);deadline(기한방식)
DO -
UR -
ER -
Hwan Myoung Pyo. (2010). Constitutional study of the protection of an unborn child's life. Public Land Law Review, 51, 343-364.
Hwan Myoung Pyo. 2010, "Constitutional study of the protection of an unborn child's life", Public Land Law Review, vol.51, pp.343-364.
Hwan Myoung Pyo "Constitutional study of the protection of an unborn child's life" Public Land Law Review 51 pp.343-364 (2010) : 343.
Hwan Myoung Pyo. Constitutional study of the protection of an unborn child's life. 2010; 51 343-364.
Hwan Myoung Pyo. "Constitutional study of the protection of an unborn child's life" Public Land Law Review 51(2010) : 343-364.
Hwan Myoung Pyo. Constitutional study of the protection of an unborn child's life. Public Land Law Review, 51, 343-364.
Hwan Myoung Pyo. Constitutional study of the protection of an unborn child's life. Public Land Law Review. 2010; 51 343-364.
Hwan Myoung Pyo. Constitutional study of the protection of an unborn child's life. 2010; 51 343-364.
Hwan Myoung Pyo. "Constitutional study of the protection of an unborn child's life" Public Land Law Review 51(2010) : 343-364.
