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KMID : 1142820180020010053
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Bio, Ethics and Policy
2018 Volume.2 No. 1 p.53 ~ p.74
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Legal Understanding on Abolition of Abortion
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Syn Dong-Yiel
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Abstract
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The debate on abortion is transforming today into the abolition of sections 269 and 270 in criminal law which ban certain types of the illegal termination of fetus. Previously it was a discussion of equality and fairness for women. And then it turned to claim for legalization of socio-economical indication. Some bills committed to legislation of socio. economic indication onto section 14 (1) of the Matherhood Protection Act. More than twice Supreme Court and Constitutional Court held that the prohibition of abortion under criminal law would be constitutional. Nonetheless we forsee a new constitutional process on the same issue. In fact the background of criminalization of abortion was not clear; the discriminalization of abortion would have political background rather than legal. The verdict Roe v. Wade in 1973 was accidental. To criminalize a certain provision is to institutionalize it within due legal process. In addition the provision againt abortion is related with duty of state under the upper rule of law.
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KEYWORD
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Protection of Matherhood Act, legal justification of abortion, socio-economical indication, state duty to protect life of citizen
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