의료법학 (The Korean Society of Law and Medicine)
- 제9권1호
- /
- Pages.197-257
- /
- 2008
- /
- 1229-8069(pISSN)
분만 전 태아에 대한 낙태죄 이외의 형법상 보호가능성 - 대법원 20007.6.29. 2005도3832에 대한 평석 -
The Possibility with Other Ways to Protect an Unborn Child in Terms of Illegal Abortion in Crown Law
초록
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.
키워드