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KMID : 1011120230160030035
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Bioethics Policy Studies
2023 Volume.16 No. 3 p.35 ~ p.77
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The Intent of the U.S. Supreme Court’s Judgment in Dobbs Case and Its Implications for the Revision of the Abortion Law
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Yoo Ji-Hong
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Abstract
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The U.S. Supreme Court concluded in Dobbs Case that the right to an abortion is not a fundamental right guaranteed by the constitution. Since we are in a situation where we have to revise the abortion law according to the decision of constitutional nonconformity, We may feel a little bewildered about overruling of Roe v. Wade.
However, considering ‘social confusion’ and ‘legal stability’, it is better to revise the abortion law quickly. It is also because revising the abortion law has already been unacceptably delayed.
It must be included in the revised bill that abortion for social or economic reasons within about 22 weeks(the undeterminable period) is permitted. It is reasonable that unrestricted abortion within ‘the first trimester’ is not included in the revised bill because it follows the theory of ‘Roe v. Wade’. Germany’s ‘Pregnancy Conflicts Act (SchKG)’ and Japan’s ‘Reporting Obligations stipulated in the Maternity Protection Act’ will be of great help in reviewing the revised bill.
The author believes that the core subject of the abortion control law is to find measures to help pregnant women choose childbirth. The measures are not limited to punishment. The system to support pregnant women and the consultation system by experts should be supplemented more perfectly. In addition, The awareness and the consensus should be formed that ‘pregnancy and childbirth are the responsibility of the whole society’. Only after such efforts have been made, Our society deserves to emphasize the ‘dignity of life’.
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KEYWORD
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Dobbs Case, right to an abortion, due process clause, doctrine of stare decisis, constitutional interpretation, fundamental right guaranteed by the constitution
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