A Proposal and Ethical Review about Korean Laws Regarding to Abortion
유호종 ; 이경환
Korean Journal of Medicine and Law (한국의료법학회지)
Korean Journal of Medicine and Law (한국의료법학회지), Vol.9(2) : 73~85, 2001
The regulations regarding abortion are found in the Criminal Act and Mother and Child Health Act in Korea. The regulations are very strict, which assume that a fetus has an incomplete but strong right to life. Their compliance with the Constitution of the Republic of Korea is in question.
Any direct or indirect implications regarding fetal right to life can not be found in the Constitution. In order to make the Constitution provide a viewpoint regarding fetal right to life, it must be reasonable; there are many interpreted viewpoints from the Constitution which are still controversial.
Hence, it is obvious that the Constitution do not take any certain viewpoints regarding fetal right to life. According to this, the Criminal Act and the Mother and Child Health Act which take only one viewpoint regarding fetal right to life must be revised.