• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.219-263
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• 2011

"Wrongful conception" is a medical malpractice claim in which the plaintiff is the parent of a normal, healthy infant whose conception was unplanned and unwanted. Medical malpractice in wrongful conception can be the result of a failure to provide informed consent to a patient, failure to properly perform a surgery, or a physician's negligent handling of a patient's problems. In the concrete, wrongful conception cases fall into two categories; those involving pre-conception negligence, such as a failed contraceptive, sterilization or failing of the controlling of embryo-number on the IVF, and those involving post-conception negligence, such as a failure to diagnose a pregnancy or to perform an abortion procedure. In addition, Medical malpractice can be the result of a failure to provide informed consent to a patient. When bad results occur by medical malpractice or failure to provide informed consent to a patient, the range of recovery of damages is decided by a traditional civil liability law. However the calculation of damages for wrongful conception is not easy because the high value of life is included in that case. So many courts opinions in foreign country and Seoul High Court decision in 1996 allow damages for the pregnancy, birthing process and sterilization costs, but refuses to allow damages for child rearing expenses. As to the range of recovery of damages for wrongful conception, one approach says that to allow damages in a suit such as this would mean that the physician would have to pay for the fun, joy and affection which plaintiff will have in the rearing and educating of the plaintiff's baby. To allow such damages would be against the dignity of the baby based on article 10 of the Constitution. However another approach says that damages are recoverable for all expenses related to child birth as well as for child rearing costs. Because the damages that the parents should bear a burden to the tort damage done is not a baby itself but child rearing costs. In other words, although the baby is healthy or not, economic burden of the parents can not be disregard. And denial of compensation for costs of child rearing may invalidate the role of liability law, grant the physician with a exemption certificate of liability. As a result, the medical field of procreation can be easily isolated from a liability of reparation. Therefore, on the liability law like the other medical malpractice action, parents who became pregnant or gave a birth by physician, wrongfully performed sterilization operation, etc. should be compensated for all damages relevant to unplanned and unwanted conception or birth as well as costs of child rearing.

• The Journal of the Korea Contents Association
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• v.18 no.10
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• pp.657-668
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• 2018

The purpose of this study was to give a deep understanding of the structure and essence of the living experiences for unmarried mothers before childbirth and before pregnancy. As results, the theme 'days stained with wounds' reveals the living experience that they were abandoned or not protected by parents due to broken family relationships and function. In the theme 'daily life at stake', to drop out of school and running away from home led them to precarious life. And also they were early exposed to sexual intercourse due to indiscriminate sexual culture and poor sex awareness. The theme 'embarrassing pregnancy' shows that unmarried mothers got pregnant caused by their partners'refusal to practice contraception, their incorrect knowledge of the contraception, and the use of incorrect contraceptive methods. In the final theme 'childbirth decided on with difficulty', even if unmarried mothers had no choice in childbirth because they noticed their pregnancy too late, they rejected abortion and decided to give birth as they realize preciousness of life. Based on the results of this study, the necessity of implementing sex education to provide accurate contraceptive knowledge and methods for male, as well as strengthening sex education for unmarried mothers was discussed. With the help of information technology.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2017.05a
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• pp.708-711
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• 2017

The purpose of this study was to examine the perception of abortion and suicide for 115 paramedic students in 2016. The questionnaire consisted of perception of abortion(8items), the perception of suicide(58items), related 6items of the abortion and related 2 items of the suicide. The collected data were analyzed through t-test, Chi-squared test and ANOVA, using SPSS 21.0. As a result, the total perception score against abortion was $20.57{\pm}4.12$ and the total score of suicide perception was $-14.16{\pm}15.76$. The most answer was that pregnant women were abortion decision makers in both male and female students, and abortions were the highest when they might be unwanted pregnancies. The group who had thought about suicide was higher of perceptions of suicide than the group who did not. The female students who had suicide attempt or suicide experience of close acquaintances showed higher suicide perception score than those who did not. Therefore, A bio-ethics education curriculum should be prepared to establish ethics that respects life for future paramedic students who must make decisions at the boundary between death and life. It is necessary to raise the level of positive suicide perceptions through continuing counseling and education focusing on students who have experienced suicide by family members or acquaintances.