낙태죄 헌법불합치 결정 이후의 개정방향에 관한 연구 - 최근 발의된 형법 일부개정법률안을 중심으로 -

In 2012, the Constitutional Court made a constitutionality decision regarding criminality of abortion by focusing more on the protection of right to life of the fetus. In April 2019, the Constitutional Court made a constitutional nonconformity decision in respect of criminality of abortion, saying that the current criminal law prohibits all abortions throughout the pregnancy period, except for certain exceptions set by the Maternal and Child Health Act, and compels pregnant women to stay pregnant and give birth. In other words, the logic of prioritizing the protection of right to life of the fetus was changed. At that time, the Constitutional Court set December 31, 2020 as the legal amendment deadline, but the legislative vacuum has continued since January 1, 2021. Currently, several abortion-related bills have been submitted to the National Assembly, but confrontations and debates continue. Therefore, in this paper, we try to compare and analyze in detail the legislative status and main contents of the bills proposed after the Constitutional Court's decision on nonconformity with the criminality of abortion in 2019. In conclusion, we intend to derive the best bill by examining whether women’s right to self-determination and the right to life of the fetus was balanced in the bills proposed or not.