• 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.

• 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.

• 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.

• 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.

• 보건행정학회지
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• 제8권2호
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• pp.125-148
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• 1998

Accurate vital statistics are essential for a national health planning and evaluation. Among various vital statistics, birth and death rates, and infant and matemal mortality rates together with the causes of death are the very basic ones for above purposes as well as for the maternal and child health management. These statistics are based on the birth and death reports. It is required by law to report every birth and death within one month after its occurrence. However, in case of a neonatal death occurring prior to the birth report, most of the birth and death are not reported. Thus accurate infant and maternal mortality rates are not available yet in Korea. The main objective of this study is to develop a birth and infant death reporting system via computer network. We designed a new birth report form based on the current form and data from the analysis of medical record forms of 14 hospitals. A new form is basically addition of essential medical information to the current birth report form. Since a revision of the rules and regulations related wtih the birth report is necessary to use a new form, we kept the current from intact to make it acceptable to the government office for a field trial. We also developed computer programs for data input for birth and death reports at a medical faciltiy, data processing for production of maternal and child health indices at a health center, and management of maternal and child health services including immunization and postantal care at health center. The birth certificate and birth report can be printed out at a medical facility. The computer packages were programmed by Borland Delphi 3.0 and can be run under Windows 95 system. We proposed a new birth and death reporting system via computer network after a field trial for data input, transmission, and processing. The medical and demographic data o birth and death at medical facilities will be sent to health centers directly via computer network. The health center will retain the medical data for analysis and forward only the data for birth and death reports required by current regulations to the Dong, Up, or Myun Office. Once the birth or death is reported via computer network to the Dong Office, then the Dong Office will notify the baby's mother of the birth report and request to submit the baby's name by mail. When the baby's name its submitted. the Dong Office will forward the birth reports to the Common Court and Statistics Agency in the same way as the current system, Upon the completion of birth registration of the Common Court, the court will issue the birth certificate to mother which will be used in lieu of the family record. The advantages of proposed birth and death reporting system via computer network ar as follows ; I) The accuracy, timing, and completeness of reporting will be improved and more accurate maternal and child health indices can be obtained, ii) The maternal and child health services of health center will be obtained, iii) Epidemiologic data for pregnancy and birth can be obtained, iv) Manpower for birth and death reporting will be saved.

• 여성건강간호학회지
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• 제7권4호
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• pp.518-535
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• 2001

Nursing practices should be based on the understanding of human beings. In order to understand human beings, it is important to study the lifestyles and thoughts of people in their natural environment. In this sense, the cultural aspects of a society need to be studied for a culture-bound nursing service. Child care, which is an important element of nursing, is also strongly influenced by the culture of a society. Therefore, a cultural study is necessary to understand the child-rearing practices of any society. The major purpose of this dissertation is to provide basic foundations for developing a culture-based theory for nursing intervention through studying traditional cultural elements of child care in Korean society. The study examined child-rearing practices in a small village on Koje Island in the southern part of Korea. It utilized ethnographic methodologies including participatory observations and in-depth interviews. The study participants were 9 Korean mothers living on Koje Island. The average age was 52. The data were collected between July in 1998 and December in 1999. The average number of interviews per person was 7-8, and the duration of each interview was approximately 2 hours. The data were analyzed using the Spradley Analytical Method. The following 9 major child-rearing aspects of mothers on Koje Island were discovered as a result of the study: 1. Firstly, mothers on Koje Island were mostly concerned about the "Old Birth Goddess' Curse", especially during their child's early years. This concern was evidenced by their careful behavior when their child was very young and by their praying to the Old Birth Goddess not to be jealous of their babies. 2. Secondly, they wished their children to live a different and better life than themselves. It was represented by their strong motivation toward their children's education as well as their expectation for their children's success. In traditional Korean culture, Korean people think that the rise and fall of the household depend on their offsprings. Therefore, Korean mothers wish their children attain to a higher level of social status through education. 3. Third, mothers are concerned about their children's righteousness. Mothers on Koje island expect their children to live with discretion, justice, strength, respect, harmony, and to do their best in life. 4. Next was an 'anticipation of their children's happy marriage'. The attributes of this category were an 'anxiety about their children's married life', and 'an expectation of a good spouse for their children'. Because Korean people believe that only a son can continue the bloodline of a family, especially Korean mothers have a great concern of the possibility of their daughters not having a son after marriage. Also they have different expectations toward their daughter-in-laws than son-in-laws. 5. Korean mothers also derived their satisfaction from their son. It was characterized by 'excessive affection toward their son', 'dependency on their son', and 'being afraid of their married daughter having a girl like themselves'. Korean society has been a patriarchy. Therefore, a son is beloved as someone who will take care of his old parents, be in charge of ancestral rites, and provide a daughter-in-law who can conceive a son. 6. The sixth category concerned 'the differences in their expectations for their children'. The attributes in this category were 'different expectations depending on their children's gender', 'different expectations depending on their children's ability', and a 'great sympathy toward children with low abilities'. Korean mothers expect their son to become better than their daughter. 7. The seventh category was related to their 'roles in child-caring practices'. Traditionally a child was raised in an extended family system in Korea So it was not the sole duty of a mother to bring up the child. Korean mothers used to receive much help rasing children from their in-laws, and family members. On the other hand, many children grew up by themselves, because their mothers were very busy taking care of housework. Furthermore, many children also grew up in poverty. 8. Mothers also had issues related to 'conflicts in child rearing'. They were characterized by 'lack of understanding', 'rudeness of children', and 'giving vent to one's anger'. 9. Finally, mothers regretted not doing their best in child-rearing practices. It was characterized by a 'bitter feeling of repentance', 'feeling irritated', and 'feeling of unsatisfaction'.