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KMID : 0986720190270010125
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Korean Journal of Medicine and Law
2019 Volume.27 No. 1 p.125 ~ p.148
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A Study A Constitutional study on the infringement possibility of fundamental rights over the abortion crime : Analysis and legislative proposal on the 2019 constitutional discordance adjudication
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Lee Joon-Bok
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Abstract
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In this study, I discussed various aspects of the constitutional discordance adjudication of the abortion crime. First, the implications of this decision are summarized. In order to establish the basic rights of the fetus and pregnant women, we examined the correlation, the infringement of the basic rights of the pregnant women, and the possibility of restriction of the life rights of the fetus. This is because the meaning of the constitutional discordance adjudication becomes clearer and its validity is ensured. Next, I examined the characteristic parts of overseas legislation through recent data. I focused on finding characteristic points of each country while avoiding repeated matters. And I commented on each issue to be included in the process of revising the criminal law in the future. In other words, starting from the legislative proposal for the amendment of the current abortion punishment rule, it is necessary to set clear and predictable criteria for the timing of the exercise of self-determination in the pregnancy, to minimize the expected limit. The law has been revised and the system and policy will be prepared accordingly, but I suggested that the alternative should secure effectiveness so that it does not become a obsolete system. But the most important thing is that the legislature should play a central role in ensuring that various opinions can be gathered by providing a forum for discussion.
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KEYWORD
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Abortion crime, Artificial abortion, Pregnant woman’s self-determination, The right to life of the fetus, The constitutional discordance adjudication, Legislative proposal
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