여성의 자기결정권과 태아의 생명권 사이의 상호보완적 관계 연구

Abstract

On April 11, 2019, the Constitutional Court issued “The Constitutional Nonconformity Decision”. It clarifies the right to life of the fetus and the state's obligation to protect him/her. However, it is difficult to clearly understand the point of the decision by saying that the interests of the pregnant woman and the fetus do not conflict but that the right to life of the fetus can be subordinate to the right of the pregnant woman, and that the degree of national life protection can be set differently depending on the growth stage of the fetus. In addition, it has a separate understanding of respect for life and respect for women, which is why it has anthropological and ethical problems. It can also be pointed out that it overlooks the fact that human freedom and women's right to self-determination are finite and limited. Starting with the awareness of these problems, this study first examines the ambiguity underlying various views on the anthropological status of the fetus. And critically review the pregnant women's right to self-determination and the limitations of this right to abortion. Based on this, it shows the complementary relationship between the fetus' right to life and the pregnant's right to self-determination. In the discussion of abortion, we must acknowledge that it is difficult to guarantee respect for women and consideration for pregnant women unless the fundamental value of respect for life is restored. In addition, it should not be overlooked that human beings, who are rational beings who pursue happiness, are beings who pursue that happiness through freedom and responsibility. Since liberty is exercised not in isolated humans, but in relationships, responsibility for them also comes to bear in mutual relationships. Thus, the question of morally correct behavior is the question of the right limit of freedom. The maternal-fetal relationship is characterized by thorough respect for the difference between the two for the purpose of preserving their lives. That particular bond between the pregnant woman and her fetus is not a relationship in which one life can pursue that happiness by removing another. The choice for both lives is a true self-actualization, which can only be achieved through self-giving love. Therefore, the complementary relationship between the right to self-determination of the pregnant woman and the right to life of the fetus makes it possible to actively seek ways to save two lives and improve their happiness. We must save both lives, not just the fetus or the woman(the mother). This is the direction in which the law and society should go.