미국에서의 원치 않는 아이 소송의 역사와 법적 쟁점 - 기존의 논의에 대한 비판적 검토를 겸하여 -
The history and legal issues of the action for damages resulting from an unwanted child in the United States
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Abstract
The actions for damages resulting from an unwanted child has been discussed in practice first in Korea. And then the academic scholars have taken the subject into account by analysing precedents in the United States. Thus, the United States' discourse on the actions for damages resulting from an unwanted child is reflected on our legal theories and precedents. The actions for damages resulting from an unwanted child, in fact, are under the jurisdiction of state and regulated by state courts in the United States. So, it is difficult to find out a unified view. But it is necessary to research the history of actions for damages resulting from an unwanted child in the United States focusing on leading cases and to put in order standpoints of state court cases from the horizontal aspect. The history of actions for damages resulting from unwanted child has started in the 1930s and developed into the direction of permitting and extending reliefs in the United States. However, the cases are not always advantage to plaintiffs. For the present, there is a lively controversy on permissibility and its extent of damages. Most of states approve medical expenses and consolation money resulting from wrongful conception and birth. However, an heated debate is going on the approval of child-rearing costs. While the child-rearing costs of a healthy child are approved by a few state courts, the additional child-rearing costs of an abnormal child are approved by a half of the states. In case of wrongful life, only a few states approve additional child-rearing costs.
참고문헌 (20)
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