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KMID : 1025620180210030199
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Korean Journal of Medical Ethics
2018 Volume.21 No. 3 p.199 ~ p.218
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Criminal Issues of Artificial Abortion
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Lee Keun-Woo
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Abstract
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Korean criminal law punishes abortion in principle and treats it as illegal unless it falls within the scope of specific exceptions. However, the provisions of the criminal law and the Mother and Child Health Act are not entirely consistent with each other. In addition, societal views on the status of women in abortion have changed in recent years. Views now range from the total abolition of the ban on abortion to the strengthening of punishment for the crime of abortion. This article critically examines some of the theoretical issues that are overlooked in typical discussions concerning abortion. More specifically, the article examines abortion from the perspective of the criminal law in an effort to provide some suggestions on how to resolve the moral conflict at the heart of the abortion debate.
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KEYWORD
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abortion crime, artificial abortion, justification reason, decriminalization, Maternal and Child Health Law, Criminal Law
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