태아의 법적 지위

• 영문명: Th Legal Status of Human Embryo
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김천수
• 간행물 정보: 『비교사법』비교사법 제10권 2호, 21~64쪽, 전체 44쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.06.01

영문 초록

This paper questions the propriety of traditional and common construction of the clauses of Civil Code relating to the juridical status of the human embryo. According the new paradigm suggested in this paper, the Civil Code can he interpreted as protecting the legal status of the unborn child equally with that of the born person; the unborn children include even fertilized egg, and the premise for the protection is not the live-birth but just the fertilization that means the genetic identity of the unborn with the born; the unborn children have the right to develop in a womb and he horn without any disturbance even by their mothers; the unborn children should he allowed the recovery for injuries even though they result in stillbirth from the same reason and structure that the horn person killed by someone has the right to recover the damage and the right shall he succeeded, etc. The conclusion of this paper is applicable to the discussion about the artificial repro여ction human cloning, abortion, artificial insemination etc.

목차

1. 서론

2. 법률 상황 및 기존 논의의 개관

3. 기존 논의에 대한 검토 및 새로운 논의의 전개

4. 결론

참고문헌

ABSTRACT