• Title/Summary/Keyword: Illegal abortion

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The Possibility with Other Ways to Protect an Unborn Child in Terms of Illegal Abortion in Crown Law (분만 전 태아에 대한 낙태죄 이외의 형법상 보호가능성 - 대법원 20007.6.29. 2005도3832에 대한 평석 -)

  • Park, Kyung-Choon
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.197-257
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    • 2008
  • Current crown law punishes crime related to unborn child with abortion crime. So we might think that any infringement on unborn child is pretty well protected. But, in terms of illegal abortion, a charge of injuring person and homicide, there are lots blind spots in punishing criminals. Especially, there are numerous unclear cases in illegal abortion. If a doctor killed an unborn child by accident in medical operations, we can't punish him because it was an accident. There still exist controversial cases such as, if an unborn child was somehow damaged and was dead after birth, or was born with disabilities, how are we supposed to punish that? Recently, in a case where a doctor left alone a mother who had a baby and the baby died, our Supreme Court of Korea (Supreme Court of Korea 2007.6.29 2005do 3832) had given a verdict of "not guilty". It looked like they were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law.

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Different Abortion Approaches in Europe and Women's Health: Implications for Korean Abortion Debates (유럽 각국의 낙태 접근과 여성건강 - 한국 낙태논쟁에 대한 함의 -)

  • Chung, Jin-Joo
    • Issues in Feminism
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    • v.10 no.1
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    • pp.123-158
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    • 2010
  • For the last several months, abortion debates have sparkled in Korea. The government has escalated the need of active punishment of illegal abortions to solve low fertility problems, while some obstetricians and gynecologist have proclaimed stoppage of illegal abortions suing colleague doctors who has conducted illegal abortions. Women's rights groups and researchers have also responded to the abortion debate claiming that women's decisions over their pregnancy are important in making of abortion policies. To contribute to Korean abortion debates, his paper aims to analyze European experiences of abortion polices in relation to the consequences on women's health. For the analysis of European abortion experiences, three countries - Ireland, U.K, and Netherland -are chosen. These three countries are selected since their legal and social acceptance of abortion and the level of safe abortion system are different. Each country is reviewed by national abortion policy, legal regulation, medical system and the role of civil society. The analysis shows several implications for abortion debates occurring in Korea. Various systematic policy mechanisms - abortion on women' request, abortions without complicated doctor's referrals, transparent and anonymous counseling and information provision regarding abortion, training and education for medical professionals to guarantee high quality abortion, abortions funded publicly for women to improve their access to abortions, steady monitoring and auditing abortion procedures and outcomes for safe abortion and so on - are required in Korean society. Two track procedures - safe abortion on women's request and prevention of unwanted pregnancy - are needed for reproduction of healthy women and society.

A Criminal Abortion and Protected in the Right to Life (낙태죄와 생명보호)

  • Jung, Hyo-Sung
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.323-361
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    • 2009
  • In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds.

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The Study on Legal Analysis of the Abortion Regulations and National Survey (낙태죄 허용한계에 관한 규범해석과 사회인식도)

  • Lee, In-Young
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.205-290
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    • 2007
  • In Korea, abortion in the Criminal Law is an illegal act in exception of limited cases stated in the Mother and the Child Health Law. There are grounds on which abortion may be carried out - though the grounds are very limited and related such as emergency situation of woman's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations to reform the existing regulations and increase the effectiveness of the regulations. A national survey was carried out using telephone interview with Korean citizens from August 1th to August 31th in 2005. A total of 1,025 citizens (male: female = 49.2%:50.8%) were randomly sampled in proportion to the number of population of 17 regions. The major findings of this survey were as follows. First, 91.4% of the respondents approved of abortion based on the medical grounds. Second 83.3% of the respondents perceived that abortion may be carried out based on ethical grounds for example rape. Third, 74.3% were agreed to abortion based on genetic diseases. Forth, 64.7% were approved the abortion that unmarried woman may be carried out. In contrast 45.0% were approved the abortion that girls may be carried out, whereas 46.4% were perceived that the abortion may not be permitted. Fifth, 58.3% were disagreed the permission of abortion based on social and economic grounds. According to the survey Korean citizens seem to have positive perception on the abortion that may be carried out based on medical, ethical and genetic grounds. Whereas they worried about the abortion based on social and economic grounds. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds. In cases of when the mother has a impossibility to breed her child because of her social situations and financial conditions, we should accepted the legal acceptance of abortion due to social and economic grounds.

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A study on the Population and Public Health Policies in East European Countries (동구 제국의 인구 및 보건의료정책에 관한 종합적 연구)

  • 안계춘;김영기
    • Korea journal of population studies
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    • v.11 no.1
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    • pp.117-130
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    • 1988
  • Though most of East European coutries seem to hold a pronatalist policy, they approve of family planning and provide contraceptive services. One of the most popular contraceptive method has traditionally been the coitus interruptus in these countries. One of the major reasons for adopting family planning is to decrease the incidence of induced abortion has been closely related to the popular use of coitus interruptus in these countries. Most of the East European countries liberalized induce abortion legally mainly to neutralize the wide practice of illegal abortion. However, the practice of induced abortion is under the strict control of the public health authorities in these countries. Migration and redistribution of population of population are mostly under the control of the state in these socialist countries. Policies on migration and redistribution are usually carried out to achieve the general goal of socio-economic development plan of the states. Both incentive measures and control measures are mobilized to affect the internal migration and redistribution of population. With respect to public health East European countries are characterized by the socialized medicine following the Soviet model. Public health measures and medical practice are controlled by the state and highly centralized in many countries except Yugoslavia. They place much emphasis on preventive medicine, primary health care, occupatinal and industrial medicine, and health education. Private sectors in medical practice do not exist in these countries of Eastern Europe.

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Heterogeneity Analysis of the Male Birth Ratio Data (남아 출생률 자료에 대한 이질성 분석)

  • Lim, Hwa-Kyung;Song, Seuck-Heun;Song, Ju-Won
    • The Korean Journal of Applied Statistics
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    • v.22 no.2
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    • pp.365-373
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    • 2009
  • Since 1990, identifying the sex of fetus and illegal abortion has brought the sex ratio imbalance at birth in Korea due to a notion of preferring a son to a daughter, socio-economic development, population policy, and so forth. Although there have been many researches such as time series analysis and region difference analysis to monitor this sex ratio imbalance, they have a defect that time and space could not be included in the analysis simultaneously. This study analyzes the sex ratio imbalance at birth, taking into account time and region at the same time. The analysis considered the numbers of male and female babies, who were born as the third or latter in their families, in 2000 and 2001 at 234 Gu / Si / Goon administrative districts. Here, we suggest a mixture model of binomial distributions, assuming heterogeneous populations. The estimation of the location parameters, weights and correlation coefficient of the mixture model is conducted by the EM algorithm, and the heterogeneity of the regions is expressed as a picture using ArcView GIS.

Impact of fetal diagnosis of congenital heart disease on parents (선천성 심질환의 산전 진단이 보호자의 임신 유지 결정에 미치는 영향)

  • Choi, Eun Young;Lee, Chang Hoon;Yoon, Myung Ja;Han, Eun Sook;Hong, Joon Suk;Jung, Yun Sook;Choi, Jung Yun
    • Clinical and Experimental Pediatrics
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    • v.49 no.10
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    • pp.1073-1078
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    • 2006
  • Purpose : This study was performed to assess how a fetal diagnosis of congenital heart disease affects parents, as regards pregnancy management and care of infants after birth. Methods : Database search to find out abnormal fetal echocardiography performed at Seoul National University Children's Hospital from July 1988 to June 2003 revealed 370 examinations. After excluding both arrhythmias without structural cardiac disease and multiple pregnancies, 299 pregnancies remained and this data formed the basis of this analysis. We retrospectively reviewed the medical records with special attention to pregnancy outcomes and also tried to find out factors influencing parental decisions on whether to continue or terminate pregnancy. Results : In this study, the mean gestation age at diagnosis was $28{\pm}6.0weeks$. The mean age of mothers was $30{\pm}3.9$ years old. Younger gestational ages at diagnosis(P=0.000), more severe grades of fetal heart disease(P=0.002) and younger mothers(P=0.014) correlated with terminations of pregnanies. But the grades of fetal status, the grades of associated anomaly, whether in-vitro-fertilization was carried out or not and numbers of previous children were not significant. Conclusion : This study found that the earlier gestational ages at diagnosis, younger maternal age and higher grades of fetal heart disease tended to lead parent to select abortions. Fetal echocardiographies were performed too late. Moreover Koreans have a biased view that malformation is a something incurable and a tragedy not only to oneself, but also to a family. So parents select terminations of pregnancy, even in curable cases. This is very unethical.