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KMID : 0986720200280020099
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Korean Journal of Medicine and Law
2020 Volume.28 No. 2 p.99 ~ p.120
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A Critical Review of the Proposed Revisions on Health Policy and Laws Regarding Abortion of Korea
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Kim Amanda J.
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Abstract
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In April 2019, the Constitutional Court of Korea decided against the Criminal Law on Abortion, which has been maintained for the last 66 years. It was deemed incompatible with the constitution for the reason of violating the constitutional right of self determination of pregnant woman. Following the decision of the Constitutional Court, revisions to the articles related to Criminal Law on Abortion and the Mother Child Health Law are inevitable. Abortion is a procedure distinctive from other healthcare services because it deals with the conflict between the life of fetus and the autonomy of woman. Accordingly, it needs to be handled with great caution and sensitivity.
This study will analyze the structure of main arguments of the Court’s decision and evaluate whether the proposed legislation by the government reflects fully the suggestions by the Court. The revised articles of the relevant statutes announced by the Ministry of Justice and the Ministry of Health and Welfare will be reviewed. Further, the provisional revision of the articles will be discussed in the viewpoint of how they would affect woman’s pregnancy and childbirth experience in a broader scope and how the prospective health policies should be established in terms of the protection of fetus and woman’s health.
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KEYWORD
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abortion law, requirements for abortion, Ministry of Justice, Ministry of Health and Welfare, health policy shift, woman’s right to self-determination, right to life of the fetus
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