• 의료법학
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• 제8권2호
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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.

• 의료법학
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• 제10권1호
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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.

• 부모자녀건강학회지
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• 제3권2호
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• pp.67-80
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• 2000

This study was described as midwife's role and obstacle of midwife's role expansion. Midwife as primary medical personal who practices for a mother and infant health care and promotion of mother infant interaction. As the trend of increasing natural childbirth, midwifery has to provide childbearing care those who want delivery in a midwifery center. This study conducted to survey for 44 midwives who work at the midwifery center. The results of the study as fellows. 1. Most of the midwives role was care of pregnancy, delivery, postpartum women and babies. Another role was conducted educational classes childbirth, breast feeding, contraception and sexual education. 2. Some midwives role perform breech, vaccum delivery, episiotomy and suture, pitocin induction and augmentation, ultrasonogram, giving medication, anesthesia, collecting specimen from Pap smear and vaginal discharge. Midwife perform these roles without medical law support. 3. Most of the obstacles of the midwife role was the medical law limitation. Midwives want revise medical law to perform simple treatment for childbearing women and babies. 4. Half of the midwives refer cases to medical doctor in case of complication of women and newborns. 5. Current frequency of home birth rate is slightly higher than before and me cases like to have delivery under water. Finally, midwife and midwifery have to prepare to meet childbearing woman, baby and family's need. For activation and expansion of midwife's role, every midwife has to be aware of medical law accurately and they must know what practice they can do and what practice they can not do.

• 부모자녀건강학회지
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• 제14권1호
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• pp.36-44
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• 2011

Purpose: This study was conducted to explore foreign immigrant mothers' experiences of pregnancy, childbirth, and child rearing. Methods: Ten married female migrants were selected by a purposive and snowball sampling method. Data were collected during the period from September to November, 2009 by individual in-depth interviews and all interviews were audio-taped and transcribed verbatim. Results: Ten categories were induced: In pregnancy and childbirth domain, social support-request help to their own parents, social support-depending on husband and mother's in law, Enduring emesis-gravidarum in strange environment were extracted. In Chid-rearing domain, child-rearing overburden, lack of self-confidence on maternal role, child-rearing difficulties due to language barrier, lack of information and education on child-rearing, lack of accessibility to public health care services, expectation of child's assimilation in Korea, financial strain in child-rearing. Conclusion: This study provides basic knowledge regarding married female migrants' experiences related to pregnancy, childbirth, and child rearing. The findings of the study will help health professionals designing effective interventions for married female migrants with difficulties related to child care, parenting, rearing.

• 대한예방의학회:학술대회논문집
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• 대한예방의학회 1999년도 제51차 추계 학술대회 연제집
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• pp.90-91
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• 1999

• 의료법학
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• 제20권2호
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• pp.3-39
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• 2019

헌법재판소가 2012년 8월 23일 낙태죄 규정을 합헌으로 결정한 이후에도 낙태죄 폐지에 대한 논란은 지속되어 왔다. 낙태죄의 존폐논란은 최근에만 일어난 일이 아니라 이미 형법제정 당시부터 있었던 것으로, 대한민국의 근대입법과정과 역사를 같이 한다. 당시 형법제정과정에서 낙태죄의 전면삭제를 주장하면서 수정안을 제출했던 의원들은 사회·경제적 적응사유를 핵심적인 제안이유로 제시하기도 하였다. 이후 개발독재기에도 낙태죄의 폐지가 논의되었으나, 이는 여성의 인권을 보장하기 위한 것이 아니라, 박정희 독재정권의 '산아제한', '가족계획'이라는 국책사업과 관련이 있었다. 이후 인공임신중절을 제한적으로나마 허용하는 「모자보건법」의 제정은 유신으로 국회가 해산된 후 입법권을 대신하게 된 비상국무회의에서 1973년 2월 8일 이루어졌고, 1973년 5월 10일부터 시행되었다. 그나마 일부라도 낙태의 합법화를 포함하는 「모자보건법」이 가능했던 배경은 당시 유신독재가 어떠한 이견도 허락하지 않았기 때문에, 종교계에서도 반대 의견을 표명하기 어려웠기 때문일 것으로 보인다. 이렇게 제정된 「모자보건법」은 지금까지 약간의 수정만을 거치며 그대로 유지되어왔다. 낙태죄 존폐론의 논거들도 형법제정 당시와 큰 차이 없이 그대로 평행선을 달려왔다고 볼 수 있다. 2012년 8월 23일 헌법재판소의 결정에서도 합헌의견과 위헌의견이 4:4로 팽팽하게 맞섰었다. 다만 헌법재판소의 위헌결정을 위한 정족수를 채우지 못하여 합헌으로 결정하였다. 이 낙태죄 폐지 논쟁은 이번 헌법재판소의 헌법불합치 결정으로 일단락되었고, 국회는 새로운 입법이라는 과제를 부담한다. 즉 국회는 적어도 2020년 12월 31일까지 개선입법을 이행하여야 하고, 그때까지 개선입법이 이루어지지 않으면 낙태죄조항들(「형법」 제269조제1항, 제270조제1항)은 2021년 1월 1일부터 효력을 상실한다. 따라서 아래에서 우선 형법상 낙태죄 규정에 대한 헌법재판소 헌법불합치 결정의 논거가 무엇인지를 살펴보고(II), 과거의 헌법재판소와 대법원의 논증구조와 어떠한 점에서 차이를 가지는지, 그리고 헌법재판소 헌법불합치 결정에서 나타난 쟁점을 무엇인지를 검토한 후(III), 헌법재판소가 제시한 기준에 따른 입법재량의 범위 안에서 입법방향과 이미 제출된 「형법」과 「모자보건법」의 개정안에 대하여 검토(IV)하였다.

• 대한가정학회지
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• 제41권4호
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• pp.157-168
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• 2003

This study was to investigate differences or similarities in pregnant and childbirth practices of Korea, Hong Kong and the United States and of mother-grandmother generations in each culture. The subjects were young mothers(YM) have baby from 2 to 2.5 years and their mothers or mothers-in-law(GM) in Korea(YM=118, GM=118), Hong Kong(YM=126, GM=78) and the United States(YM=105, GM=105). The subjects answered the questionnaires on pregnant and childbirth practices were constructed by specialists of child study in Korea, Hong Kong and the United States. Statistical analyses were by Frequencies, Percentages, Crosstabs, One-wav ANOVA, Scheffe' test, t-test. The results of this study were as follows. 1. Mother and grandmothers of Korea more tended to believe in supernatal being of pregnancy, to expect son, to eat a resortive and a food to help conceive, to inhibit attending a funeral at the time of childbearing, to practice fetal education than of Hong Kong and the United States did. 2. Relating sexual intercourse at the time of ovulation, maternal health care during the pregnancy, childbirth in hospital, husband's being in the hospital waiting room when their wife gave birth were much more prevailant in mothers than grandmothers did in Korea and Hong Kong.

• Child Health Nursing Research
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• 제2권2호
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• pp.35-44
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• 1996

The purpose of this study was to examine the knowledge and attitude of breast feeding and to explore the predictive variables for the intention of breast feeding of mothers. One hundred and thirty-five mothers who delivered at the D University hospital during the period of May to June in 1996 comprised the sample. Data were collected by questionnaire methods before discharge at the hospital. Data were analyzed using percent, 1-test, and logistic regression. The results were as follows : 1. During their pregnancy, majority of mothers (74.8%) got the breast feeding information. Information sources were book (34.5%), family and relatives(32.4%), mass media(24.3%), and professionals such as nurses and doctors (8.8% ). The frequently reported sources of most encouragement for breast feeding were mother in law(20.7%) and baby's father (11.1% ). 2. The mean score of the items of Knowledge and Attitude toward Breast Feeding Scale were 42.56 (SD=5.47) and 39.07(SD=5.15) , representing positive attitude toward breast feeding. The correlation between knowledge and attitude score was significant(r 〓.54, p<.001). Knowledge of breast feeding were significantly different between breast feeding intention group (including partial breast feeding) and artificial feeding intention group(t=2.79, p<.01) 3. Logistic regression analysis revealed that feeding method in the hospital, delivery type, knowledge toward breast feeding, disease related to pregnancy, complication related to delivery, and educational level of mother were predictives of the intention of breast feeding. 4. The most frequently rated reasons for the plan for mixed feeding were concern about insufficient milk (37.9%) and work(27.6%), The major reasons for plan for artificial milk feeding were having premature baby(25.9%) and maternal health problems including infection(14.8% ) and drug use due to chronic illness (14.8%). From the result of the study, it is recommended to develop supportive nursing intervention strategy to promote breast-feeding intention and practice. The intervention could be more effective to begin early in pregnancy and include teaching for breast feeding skills as well as information provision for positive attitude formation.

• 부모자녀건강학회지
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• 제7권2호
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• pp.182-200
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• 2004

Purpose: This study is to explore the essence of those lives who have been living with their mothers- in- law for more than 10years since their marriage by applying Van Manen's hermeneutic phenomenological methodology. It consists of four steps such as concentration on the nature of lived experience, existential research, hermeneutic phenomenological reflection and hermeneutic phenomenological writing. Method: Six middle aged participants who have been living with mothers- in- law in middle size of cities were interviewed and observed with their written consent for one month from 20, April. 2000 to 20 May 2000. To expand insight by analyzing sayings, folks stories, writings, etymology of sigipsalee relevant to it were collected and reviewed. Result: Five essential themes were derived by repeated reviewing the transcription of those interview such as difficulty living with endless heart distress, feeling oppressed, feeling deeply lonely, having a stronger backing as time passes, in turn harmonizing with each other. On the basis of the five essential theme hermeneutic phenomenological writing was done as follow. Participants lived lives filled with uneasy feeling from the newly formed relationship among in laws but especially with mothers- in- law. Participants did their best to be acknowledged found that at a significant moment during family event they would be treated as strangers so that they felt isolated and alone. Mothers in laws played a dominant role in most of family decision even buying their children's clothes. Mother in laws rarely complemented them so that they felt inferior as a person. As time passes. Mothers-in-law and daughters-in-law become adjusted to this lifestyle with each other and assumed a more mature relationship which includes a mutual respect thus better harmony. Participants become to have stronger backing so that they express their opinion to mothers-inlaw. With time both of them are getting old, participants show form of pity to their mothers-in- law. Sometimes participant surprise themselves by noticing a change in their behavior to the same pattern Mothers-in-law have showed them. Conclusion: Although generalizations have limitations, findings resulting from the study will enrich family nursing knowledge and understanding the problems when living with mothers-in- law in the same house. It will give a cleared view of problems faced by middle aged korean women in the Korean patriarchal culture. Researchers have recommended to study experiences of married young adult korean women's generation and the findings compared with this study to show trends and changes.

• 한국식생활문화학회지
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• 제26권1호
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• pp.17-29
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• 2011

As the public is already aware, baby food has a significant effect on a baby's physical and mental health. It is also very important because choice of baby food forms proper eating habits, which will affect health in the future. In particular, recognition of appropriate baby food by the mother or the primary care provider is even more important. Although many studies have been conducted on this matter for domestic housewives, no studies have been conducted on married immigrant housewives whose numbers are increasing every year. A survey was conducted on the recognition and current situation of baby food preparation by mothers living in Gangwon Province with children 6 to 36-months-old. The purpose of the study was to research the level of understanding of baby food by immigrant housewives given that they were raised in different environments with different eating habits and child raising norms. And additional purpose was to provide proper educational material and direction for choosing appropriate baby food. The results showed significant differences depending on the nationality and age of the mother. Moreover, the results showed an insufficient understanding of baby food but a high desire for education, as mothers did not receive enough support from society. Therefore, necessary education should be provided systematically after mothers fully learn to communicate in Korean. These mothers need continuous attention and support, so they can settle in this country as wives, daughters-in-law, and mothers. Moreover, the needed professional education should be provided so that the mothers can learn traditional Korean eating habits and understand differences in the culture and environment between countries. As the selection of baby food forms the basis of future eating habits and the foundation for good health, proper education should be available to establish healthy intercultural families.