낙태죄의 합리화 정책에 관한 연구

The purpose of this thesis is to clarify the possibility of justification for abortion focusing on the argument for a pregnant women’s right to self－control as measured against the position for the fetus’ right to life. Furthermore, this study aims to present a fundamental position on abortion that we shall pursue in a concrete. The clause of prohibition of the abortion that the Criminal Law enacted in 1953 was Kept. In 1973, the Government introduced the Law of Health of Mother and Child to adopt birth control sponsored by government, so that the law had a room that reasons of illegality of some kind of abortion could legalize abortion. How is the abortion for reason of fetal abnormality to be regulated? The decision has especially to do with the private area and the situation of them must be individualized. It could be the first reason for giving doctors the discretion. But the doctor is not always sure either, because they are not the subject of the life the parents would live. In this sense the judgement of the doctor depends often on the judgement of the women. Especially in the already noted context that women cannot avoid having many kinds of burden from raising the child and the decision of women is something unavoidable. But there are still some elements that make us hesitate to give women or parents in future an entire right to decide. It can not always be said that the women and the parents realized their autonomy sufficiently. There is still the possibility that the decision might be different if the decision is reflective. In this context the legalization of the process where the women consider the life of the foetus on the one side and their own life on the other side reflectively could be a good way to get close to the ideal decision and concept of consultation is just one method for that.