태아의 장애를 이유로 하는 임신중절 - 사회학적 구조와 형법정책

• 영문명: Termination of Pregnancy on the ground of fetal disability : the sociological structure and policy of law
• 발행기관: 한국형사법학회
• 저자명: 김나경(Kim Na-Kyoung)
• 간행물 정보: 『형사법연구』형사법연구 제30권, 127~165쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.03.30

영문 초록

  Nowadays the termination of a foetus became a kind of undesirable routine, so the problem of the termination of pregnancy might seem somewhat trivial. But the discussion about the termination of a foetus can always be a core background particularly for the discussion about the new biotechnology. Among many types of the termination of pregnancy, the termination for reason of fetal abnormality is dealt with in this article.
  Some people in the dis ability movement often advocate the extreme social model of disability concentrating only on the purpose of the removal of social oppression and the discrimination against the disabled. But there is harm in the impairment itself and in this context, it began in the disability movement to recognize that the extreme social model of disability cannot represent the voice of the disabled well. Apart from this, the impairment does not always have the negative components. The disabled can develop certain ability or a new world on the basis of their impairment. This positive side of the impairment comes especially from the voice of the disabled themselves because our society is still disabling.
  Concerning the abortion there is the influenced or affected interests by the impairment or social oppression which belong not to the disabled but to the woman or the parents in future. If we see the social structure, then it might be seen that the positive side of the impairment cannot always outweigh the affected interests of the parents. The responsibility of the parents for the education or raising a child is really big and strong and become a big burden for them. Furthermore the society where the oppression and the discrimination against the disabled exist tend normally to avoid the collective responsibility of the society for the welfare of the disabled or the improvement of the life of them and then the negative side of the impairment would be entirely put on the parents. Moreover. the legal status of the foetus is different from that of the disabled. Even though the disabled can insist that nobody should press his own value judgement about the quality of disabled life, the interests of the disabled foetus is allowed to be balanced with other interests.
  Then how is the abortion for reason of fetal abnormality to be regulated? The decision has especially to do with the private area and the situation of them must be individualized. It could be the first reason for giving doctors the discretion. But the doctor is not always sure either. because they are not the subject of the life the parents would live. In this sense the judgement of the doctor depends often on the judgement of the women. Especially in the already noted context that women cannot avoid having many kinds of burden from raising the child and the decision of woman is something unavoidable. But there are still some elements that make us hesitate to give women or parents in future an entire right to decide. It cannot always be said that the women and the parents realized their autonomy sufficiently, There is still the possibility that the decision might be different if the decision is reflective. In this context the legalization of the process where the women/parents consider the life of the foetus on the one side and their own life on the other side reflectively could be a good way to get close to the ideal decision and the concept of consultation is just one method for that. Concretely speaking, the sufficient information is needed. The consideration of the life with dis ability can be realized if the disabled can take part in the establishment for the guidelines for the consultation and the chance to exchange the perspectives is given to the women. Secondly, if there is no specific section for the abortion on the ground of fetal abnormality then the discussion about the fetal abnormality would be disappeared in the context of medical-social grounds, The disabled can use

목차

Ⅰ. 논의의 대상과 의의
Ⅱ. 장애와 해(害: Harm)
Ⅲ. 이익의 대립과 형량
Ⅳ. 장애로 인한 임신중절의 규율
〈Abstract〉

키워드

임신중절 장애 상담구상 적응요건 우생학 Abortion Termination of Pregnancy Disability Fetal Abnormality Eugenics Abtreibung Schwangerschaftsabbruch Behinderung Fetus Beratungskonzept Indikation Eugenik