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KMID : 1234820080090010197
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Korean Society of Law and Medicine
2008 Volume.9 No. 1 p.197 ~ p.257
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The Possibility with Other Ways to Protect an Unborn Child in Terms of Illegal Abortion in Crown Law
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Park Kyung-Choon
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Abstract
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Current crown law punishes crime related to unborn child with abortion crime. So we might think that any infringement on unborn child is pretty well protected. But, in terms of illegal abortion, a charge of injuring person and homicide, there are lots blind spots in punishing criminals. Especially, there are numerous unclear cases in illegal abortion. If a doctor killed an unborn child by accident in medical operations, we can’t punish him because it was an accident. There still exist controversial cases such as, if an unborn child was somehow damaged and was dead after birth, or was born with disabilities, how are we supposed to punish that? Recently, in a case where a doctor left alone a mother who had a baby and the baby died, our Supreme Court of Korea (Supreme Court of Korea 2007.6.29 2005do 3832) had given a verdict of "not guilty". It looked like they were very fair with current crime law. But, we want this case to be investigated if there weren’t any logical contradictions as well as concurrent translation within Constitution Law.
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KEYWORD
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an unborn child, right-to-life, a criminal abortion, professional negligence resulting in death, professional negligence resulting in injury
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