낙태논쟁 속 법담론의 탈관계성 비판: 낙태죄 헌법소원을 중심으로

In 2012, the Constitutional Court of Korea held that the crime ofself-abortion was constitutional because it didn’t violate the proportionalityprinciple. This Article intends to illuminate dis-relationship in the legaldiscourse in the debate on abortion. In spite of the prevalence of women’sabortion, it is significant to see the discourses that explain, or affirm thewomen’s action in society. The experience of abortion seems particularlydetrimenal to the relationship with a male partner who is unable tosympathize with her experience of the abortion. In this regard, abortiontends to reconstruct women’s perception about sexual relationship andsubjectivity. This article identifies and problematizes the condition of dis-relationshipin the legal discourse through Constitution Court. Liberalism legal theorydoes not accurately factor in the special situations that pregnant women,who are responsible for various human beings at the same time, are facedwith. In particular, ‘autonomy’, which is considered the absolute principleof respect for human beings in the discussion on the legal theory. As such,autonomy of pregnant women as the ones responsible for multiplerelationships has not been mentioned in any liberalism law theory. Despite the fact that a new approach is needed, there are instances inwhich bodily integrity, which is endowed on existing abstract individualswhen it comes to pregnant women, has been violated. Now we will have toapproach for the reconstruction of law and reflected women’s life andexperiences from gender perspectives.