태아성 치사상의 처벌에 관한 입법론

Though the problems on life of fetus as a live being or origin of human being that should to be protected by law is very important, we did not consider as a important issues about the establishment of protection’s boundary in connection with fetus’s injury in Korea. New approach which is based on the notion that fetus has nearly equal protective value by law to person is introduced in this paper. In criminal sanction due to doing harm toward to the Foetus, we should have a viewpoint that foetus is a part of the mother’s body and in principle protection’s necessity of person and foetus is equal to each other. Because of foetus is unfinished life of just prior to the person, it should be distinguished protection degree of person life from it of foetus. In conclusion, this problem should be solved by the legislation(law-making) about new type’s crime ultimately, on the assumption that the foetus is a part of the mother’s body and it is an individual object recognized the independence. If results of injury occur in born child by doing harm toward to the foetus, they should be punished not as a charge of injuring another or accidental infliction of injury against the foetus or the mother’s body but as a charge against the born child. But because this interpretation theories also have a boundary of the positive law for a relational criminal sanction in this case etc., it is necessary that we should be legislate new criminal types for punish about result in doing harm toward to the Foetus. Therefore this paper dealt with the legislation forms of various and new criminal types.