現行 憲法上 生命尊重에 관한 硏究

Abstract

A Study on the Respect for Life by the Present Constitution- Focusing on the issues of embryo cloning, abortion, death penalty, and mercy killing- Han, Sang-Woon This paper is based on the human experience that while the dignity and value of a human being assumes right to life the regulation of life is not directly related to the damage on the dignity and value of a human being. However, unlike the past of passive stage to simply maintain the endowed life, the development of today's medical science has reached the active stage to cover the modification of life. Thus, the consitutional law has a limited influence on the regulation of life. So it is alleged that the dignity and value of a human being should be more strongly protected by the constitutional law. However, only with the traditional idea of protecting right to life and respecting the dignity and value of a human being, it would be difficult for the constitutional law to play its basic role in respecting the dignity of a human being. Rather, it has a high risk of disregarding the dignity of a human being. For this reason, it is necessary to protect the right to life by the human-made constitutional law and respect the dignity and value of a human being on the constitutional ground. It is also urgent to find a constitutional ground on respect for life and limitation on life. In a nut shell, in oder to realize the dignity and value of a human being, it would be important to maintain the traditional limitations such as death penalty and mercy killing, to regulate the embryo cloning and life modification , and to make a strong consitutional frame for the dignity and value of a human being.