落胎節次規制의 違憲性與否에 관한 硏究 - 美 聯邦大法院 判例를 中心으로

• 영문명: A Study on the Unconstitutionality on the Regulation of Abortion Procedure ― With the Cases of the Supreme Court in the U.S.A. ―
• 발행기관: 한국헌법학회
• 저자명: 최희경(Choi Hee-Kyung)
• 간행물 정보: 『헌법학연구』憲法學硏究 第13卷 第3號(第2冊), 581~611쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.30

영문 초록

  Abortion in the U.S. was legalized by the decision for Roe v. Wade in 1973, and the state laws had the anti abortion law were abolished. However, the abortion right to women had been constitutionally granted by the decisions for Roe case and other subsequent cases, many legislative efforts have been made by the federal and state congresses against the decisions granted the abortion right.
  Therefore, a detailed review becomes necessary for the procedural restrictions to various abortion cases handled by the state or federal congress in order to see how the right to abortion given to the American women is exercised. This Article examines the unconstitutionality of abortion regulations after reviewing the standards of judicial review on abortion with the decisions made at the Supreme Court in the U.S.A.
  The concrete types appear in different forms in states, but the informed consent, spouse"s consent, parents" consent to minors, only condition to have abortion at the hospital or keeping the record and reports, and prohibition on the partial birth abortion are considered as regulations.
  Following problems are found from the example cases of the U.S. supreme court decisions.
  First, women"s right to abortion are practically restricted from endorsing their right to other family members or medical staffs under various consent clauses to decide who has a right to abortion.
  Second, the requirement that abortion is only done at the hospital and by licensed doctors increases the cost and becomes a burden on the women economically disadvantaged. Therefore, the intent of the state to protect women causes the opposite result. These requirements practically intervene the constitutional rights of women from increasing the cost and preclude from receiving the professional medical care of the abortion clinic.
  Third, prohibiting the partial birth abortion punishes the doctors conduct certain abortion methods so that leading the doctors to avoid abortion and causing the actual barriers to exercise women"s right.
  Consequently, women"s right to abortion is not an absolute right. But even though the Interest to women"s health and life, and the potential life are also to be considered, various procedures to restrict abortion causes the actual barrier to women to exercise their rights. Also, these regulations can make women"s right to be meaningless. Therefore, the U.S. supreme court has decided such requirements unconstitutional to against the federal and state governments regulations to protect women but the criticism is made to some decisions that women"s right has been less considered.

목차

Ⅰ. 序說
Ⅱ. 落胎節次規制에 대한 司法審査基準
Ⅲ. 具體的인 落胎節次規制의 違憲性與否
Ⅳ. 結語
참고문헌
〈Abstract〉

키워드

낙태 프라이버시권리 부분출산낙태 낙태절차의 규제 동의요건 abortion the right to privacy partial birth abortion regulation of abortion procedure consent requirement