원치 않는 아이 출산과 손해배상책임

• 영문명: The recovery of damage caused by unwanted birth of child -Focusing on the Theories of American Case and Some Implication-
• 발행기관: 충북대학교 법학연구소
• 저자명: 최상회(Choi, Sang-hoe)
• 간행물 정보: 『과학기술과 법』제1권 제1호, 183~206쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

The recovery of damage from unwanted birth of unhealthy child entail the issue of value embedded in human life. Itcan't be addressed and considered based only on general theory of law associated with the recovery of damage, but on philosophical and ethical considerations. Therefore, there have been both complicated and subtle controversies over whether and to what extent each country recognizes the recovery of damage caused by the birth of unhealthy child. As discussed above the unwanted birth of unhealthy child is attracting more and more attention among the community members dealing with legal cases and theories. The stories of parents bringing wrongful conception and birth suits against health authorities raise familiar scenarios - clinical mishaps in family planning techniques including negligently performed abortion and sterilisation, the provision of incorrect results following post-operative testing, and in case of wrongful birth, negligent failures in genetic counselling, whether actual diagnosis or information provision. Claiming that in the absence of such negligent treatment the "unwanted" child would not have been born, parents have typically sought damages under two heads; first, for the pain and suffering attendant on the "personal injury" of pregnancy and birth, and second for the costs of child maintenance. As mentioned before, conventional theory of law has to be applied in deciding the level of recovery, away from both philosophical and ethical aspects surrounding recognition of the damage inflicted on the child. So, the parents should be entitled to both the whole costs of child-rearing and recovery for emotional distress. The unhealthy child itself should be given ordinary costs of care and extra-ordinary costs of care, as well. This way of approach seems to be both rational and desirable given that it improves the welfare of unhealthy child in general and is consistent with law of theory associated recovery of damage in particular.

목차

Ⅰ. 머리말

Ⅱ. 미국에 있어서 원치 않는 출산(Wrongful birth) 소송의 기능과 사회적 배경

Ⅲ. 미국에 있어서 원치 않는 출산(wrongful birth)소송 판결에서 본 고려방식

Ⅳ. 우리나라의 원치 않는 출산(Wrongful birth)소송판결

Ⅴ. 맺음말

참고문헌

키워드

원치 않는 아이 출산 신체적 상해 정신적 고통 특별양육비 배상 unwanted birth of child personal injury emotional distress extra-ordinary costs of care