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KMID : 0986720190270010149
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Korean Journal of Medicine and Law
2019 Volume.27 No. 1 p.149 ~ p.165
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A Health Professional’s Right in Abortion : Focusing on the Decisions of 2017Hun-Ba127(the Articles of Criminal Law on Abortion as Unconstitutional)
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Kim Amanda
Lee Mi-Jin
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Abstract
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The Constitutional Court of Korea judged the legislation of Abortion (Article 269 (1)) and Abortion by Doctor (Article 270 (1)) under Criminal Act as violating the principle of the prohibition of excessive restriction. As a result, the legislation that has been banning abortions for the last 66 years except under five conditions stated in the Mother and Child Health Act is destined to be transformed to liberalize abortion. This calls for changes in responsibilities, obligations and values of health professionals which were to protect and sustain health of both pregnant woman and fetus. The drastic change required in attitude towards the value of lives of fetus jeopardizes the long held beliefs, virtues and conscience of health professionals. In this study, the meaning of conscience and the applicability of freedom of conscience through the court ruling on conscientious objection to military duty in 2018 were examined to inquire its application in the refusal to practice or participate in abortion by health professionals. In addition, the need to ensure rights to refuse practice or participation in abortion by health professionals based on their conscience were verified through examination of legislation of foreign countries.
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KEYWORD
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crime of abortion, freedom of conscience, health and medical personnel, abortion surgery refusal, constitutional court ruling
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