모자보건법 제14조: 개정 필요성과 방향 (The Article 14 of Protection of Motherhood Act: What to Rethink and Where to Go)

서지정보

· 발행기관 : 안암법학회
· 수록지 정보 : 안암법학 / 32호 / 143 ~ 172페이지
· 저자명 : 신동일

초록

Many years ago abortion was recognised an individual right by the U.S. Supreme Court. Today it is a public institution. As the Supreme Court observed in the 1992 Casey decision, which reaffirmed Roe v. Wade, a whole world has believed since 1973 in the similar expectation that legal abortion will be available if they want it. Criminal law, however, prescribes harsh criminal penalties for abortion. A prolife doctor's union recently declares that no more silence or hesitation against abortion in clinics would be prevailed. It suddenly attracts public attention on this lament issue. Sometimes the word abortion is unavoidable, as in mass media accounts of the abortion debates, but then it is almost invariably preceded by a line of smarter-sounding words: "the right of a women-to- choose" abortion. Some private and public organizations that administer birth-control programmes and provide abortions, notably Korean Planned Parenthood, are closely tied to government bureaucracies. In truth abortion today is at Korea in the middle of a governmental commitment to controlling its population.
The majority of feminists and their allies have stuck onto the ground of "Me Decade" possessive individualism, an ideology that has more in common than it admits with the prehistoric right, which it claims to oppose but has in fact, critic of the pro-choice position comes from his socialist premises. When the legal experts get to the topic of abortion, they again see that it has turned abortion into an "absolute right" on the Korean Constitution. One thing we must have a clear understanding is how Eugenics can be influenced to abortion. Eugenics is the idea that humans are only the sum of inferior and superior. Like F. Galton once projected, "advocating elimination of the lower class through birth control and abortion: you can start immediately to eliminate the barely educated, unhealthy and poor segment of our country."Eugenics was widely popular in the early 20th century, but has largely fallen into disrepute after having become associated with Nazi Germany. Since the postwar period, both the public and the scientific communities have associated eugenics with Nazi abuses, such as enforced racial hygiene, human experimentation, and the extermination of "undesired" population groups. However, developments in genetic, genomic, and reproductive technologies at the end of the 20th century from the basis on eugenic idea have been survived in many areas in the modern era. We can see its backlash in the abortion clauses at article 14 of Protection of Motherhood. It is unclear to anticipate how we can revise it along with the ideology of Constitution: the right to live.

영어초록

Many years ago abortion was recognised an individual right by the U.S. Supreme Court. Today it is a public institution. As the Supreme Court observed in the 1992 Casey decision, which reaffirmed Roe v. Wade, a whole world has believed since 1973 in the similar expectation that legal abortion will be available if they want it. Criminal law, however, prescribes harsh criminal penalties for abortion. A prolife doctor's union recently declares that no more silence or hesitation against abortion in clinics would be prevailed. It suddenly attracts public attention on this lament issue. Sometimes the word abortion is unavoidable, as in mass media accounts of the abortion debates, but then it is almost invariably preceded by a line of smarter-sounding words: "the right of a women-to- choose" abortion. Some private and public organizations that administer birth-control programmes and provide abortions, notably Korean Planned Parenthood, are closely tied to government bureaucracies. In truth abortion today is at Korea in the middle of a governmental commitment to controlling its population.
The majority of feminists and their allies have stuck onto the ground of "Me Decade" possessive individualism, an ideology that has more in common than it admits with the prehistoric right, which it claims to oppose but has in fact, critic of the pro-choice position comes from his socialist premises. When the legal experts get to the topic of abortion, they again see that it has turned abortion into an "absolute right" on the Korean Constitution. One thing we must have a clear understanding is how Eugenics can be influenced to abortion. Eugenics is the idea that humans are only the sum of inferior and superior. Like F. Galton once projected, "advocating elimination of the lower class through birth control and abortion: you can start immediately to eliminate the barely educated, unhealthy and poor segment of our country."Eugenics was widely popular in the early 20th century, but has largely fallen into disrepute after having become associated with Nazi Germany. Since the postwar period, both the public and the scientific communities have associated eugenics with Nazi abuses, such as enforced racial hygiene, human experimentation, and the extermination of "undesired" population groups. However, developments in genetic, genomic, and reproductive technologies at the end of the 20th century from the basis on eugenic idea have been survived in many areas in the modern era. We can see its backlash in the abortion clauses at article 14 of Protection of Motherhood. It is unclear to anticipate how we can revise it along with the ideology of Constitution: the right to live.

참고자료

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