영아유기와 방임을 예방하기 위한 법과 제도 고찰

Abstract

The most important duty of the state is to protect the integrity the lives and bodies of the people from the danger safely. To reach the goal, the state deters such acts by which the integrity of the lives and bodies of the people is harmed by defining them as crimes. However, protecting safety of the people by the state should be guaranteed in all areas of life, because integrity of lives and bodies could be harmed not only by criminal acts but also daily necessities, like groceries and medicine etc. Incidentally, it is distinguished between probability and possibility of legal infringement that to what extent the state should protect safety of the people against danger implied in daily life. Korean legal system recognizes different protection defending on age of the people, namely, minors receive greater legal protection than adults. Considering them, duty of the state protecting safety of baby who cannot take care of integrity of lives and bodies by its own efforts should be acknowledged in case of possibility of legal infringement as well as its probability. Under the premise, this study reviews how related laws should be respond to protect integrity of babies`s lives and bodies. Occurring extreme infanticide and exposure of babies who are not registered their birth, recently, Korean government introduced birth notification system at medical institutions. At the same time, the anonymous birth system is enforced to prevent possibility in which pregnant women give birth in a place other than a hospital and abandon a baby not to reveal delivery. Exposure of a baby occurs when it is transferred to a place without protection. However, more broadly, it can be occurred when guardians neglect babies not providing proper caring like giving food, cloths and medicine etc. For this reason, this study examines current legal system related with national health system, the way to discover children in need of protection by [Child Welfare Act], and easiness of birth registration for out-of-hospital births to prevent neglecting babies at home and suggest how should be revised related provisions.