태아에 대한 가해행위의 처벌과 한계 - 대법원 2007.6.29. 선고, 2005도3832 판결 -
A Study on the Problems related to the Criminal Sanctions and their Boundary in doing harm toward to the Unborn Child
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Recently, with progress of medical science and biotechnology, the problems on life of fetus as a live being or origin of human being that should be protected by law and establishment of its protection's boundary are rising to the surface of debate as a very important problems newly. Therefore, in relation with many kinds of cases that safety of fetus is threatened, this paper reviewed boundary of fetus protection by criminal law. New approach which is based on the notion that fetus almost has equal protective value by law to human being is introduced in this paper. Because it is very necessary that we should be discuss the problem of protection for life of fetus based on this new approach. This paper was written for the purpose of criticizing what problems the Supreme Court's precedent cases related to the illegal abortion and the various crimes against an women delivered of a child and born children as a result of a harmful act toward to Unborn Child(Fetus and Embryo) have. And this paper exhibits rational countermeasures for the synthetic interpretation and legislation about the others similar to this case. Lastly, this paper deals with the problems that whether an offender condemned a severe punishment owing to serious results comes into existence or not in spite of such a case which an abortion failed in the attempt.
Abstract
Recently, with progress of medical science and biotechnology, the problems on life of fetus as a live being or origin of human being that should be protected by law and establishment of its protection's boundary are rising to the surface of debate as a very important problems newly. Therefore, in relation with many kinds of cases that safety of fetus is threatened, this paper reviewed boundary of fetus protection by criminal law. New approach which is based on the notion that fetus almost has equal protective value by law to human being is introduced in this paper. Because it is very necessary that we should be discuss the problem of protection for life of fetus based on this new approach. This paper was written for the purpose of criticizing what problems the Supreme Court's precedent cases related to the illegal abortion and the various crimes against an women delivered of a child and born children as a result of a harmful act toward to Unborn Child(Fetus and Embryo) have. And this paper exhibits rational countermeasures for the synthetic interpretation and legislation about the others similar to this case. Lastly, this paper deals with the problems that whether an offender condemned a severe punishment owing to serious results comes into existence or not in spite of such a case which an abortion failed in the attempt.
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