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KCI 등재
상권 : 낙태와 헌법 -헌재 2010헌바402결정과 관련하여-
Volume1 : Abortion and Constitutional Law -In Connection With 2010hunba402-
박승호 ( Seung Ho Park )
안암법학 43권 257-304(48pages)
UCI I410-ECN-0102-2014-300-001594341

Abortion has been very controversial topic in human society for a long time. In 2012, the Constitutional Court of Korea held that the crime of self-abortion was constitutional bacause it didn`t violate the proportionality principle. The Federal Constitutional Court of Germany found that state had the obligation to protect fetus` life, that the fetus` life took precedence over pregnant woman`s right of self-determination for whole period of pregnancy, that abortion was permitted in exceptional situation that national laws couldn`t expect pregnant woman to hold pregnancy, and that abortion could be allowed through consultation in exceptional situation in the early stages of pregnancy. In Casey, the Supreme Court of United States reaffirmed the essential holding of Roe. First is a recognition of the right of the woman to choose to have an abortion before viability and to obtain it without undue interference from the State. Second is a confirmation of the State`s power to restrict abortions after fetal viability, if the law contains exceptions for pregnancies which endanger the woman`s life or health. And third is the principle that the State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child. The fetus is the subject of right to life. It is possible to restrict the right to life by law and differentiate protection according to the life development stage. The woman`s right to abortion is based on the article 10 of constitution. How to regulate abortion is the task of legislative and balancing conflicting interests differ with countries. The crime of self-abortion is constitutional bacause it doesn`t violate the proportionality principle. It is necessary to think about introducing the social indication to justify abortion.

Ⅰ. 서
Ⅱ. 헌법재판소 판례
Ⅲ. 독일연방헌법재판소 판례
Ⅳ. 미연방대법원 판례
Ⅴ. 태아의 생명권과 여성의 자기결정권
Ⅵ. 헌법재판소 판례검토
Ⅶ. 결
[자료제공 : 네이버학술정보]
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