생명권의 헌법상 제한원리

• 영문명: Constitutional Issues on Restriction of Right to Life
• 발행기관: 중앙대학교 법학연구원
• 저자명: 최두훈(Choi Doo-Hoon)
• 간행물 정보: 『법학논문집』法學論文集 第30輯 第1號, 243~269쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.08.30

영문 초록

  What is mankind, and what is the essence of life? These may be the unsolved mystery that mankind has faced ever since humans first roamed the earth. Discussions on brain death and organ transplants, and recent developments in biotechnology have considerably changed the way we viewed mankind in the past. But regardless of how we view it today, the minimum biological requirement for existence remains unchanged: recognizing the need for existence and protection. The law cannot have the final word on human lives. Instead, an earnest effort should be made to consider when protection of life begins and when it is abandoned. Human cloning raises this issue.
  This study discusses the legal problems that arise with respect to Right to Life, human cloning, particularly the issues regarding cloning human embryos.
  The numerous discussions concerning human cloning may be of little significance in some aspects. A legal consideration needs to be based on solid facts for it to be precise, which is why it is often the case where a legal discussion in the past tends to lose color amid the ever-changing reality of biotechnology. Nonetheless, debates on human cloning should start with questions, such as "When does a human life begin?" "What constitutional meaning does human dignity have?" "What legal status does human dignity have with respect to human cloning?" and "What legal rights does a human embryo have?" Beginning with these questions, this thesis discusses in detail whether human cloning will be permitted under the current legal system, and if so, on what grounds and how far it should be permitted.
  human dignity with regard to human cloning. An inquiry into when a human life is perceived to begin will be made in order to examine the legal status of the human embryo, and whether an embryo can be perceived as a human being, and if so, what constitutional rights would an embryo have.
  If the study of human embryos recognizes the embryo as the start of human existence and as the legal subject that possesses dignity and value as a human being, a violation of an embryo"s rights is inevitable. Should an embryo be recognized as a person with basic rights and thus ban all studies on embryos, or could it be recognized as having basic rights but be interpreted differently from a person? These are the questions that are discussed along with legal issues surrounding human cloning.

목차

Ⅰ. 들어가며
Ⅱ. 생명권의 제한논란의 전통적 구조
Ⅲ. 생명권의 제한원리
Ⅳ. 인간배아의 생명권
Ⅴ. 맺는말
〈Abstract〉

키워드

생명권(Right to Life) 인간복제(human cloning) 본질적내용침해금지(prohibition against essencial aspect violation of Basic Right) 뇌사(brain death) 인간의 존엄(human dignity) 사형제도(death penalty system)