Roe v. Wade 판결폐기와 낙태권의 헌법적 근거

In June 2022, the U.S. Supreme Court ruled in Roe v. The Wade decision was repealed. This Roe decision recognized a woman's right to choose an abortion as a basic constitutional right under the due process clause of the 14th Amendment. Dobbs v. The ruling in the Jackson Women's Health Organization case argued that a woman's right to abortion was neither deeply rooted in American history and culture nor included in the concept of orderly freedom, thereby exceeding the scope of basic rights not enumerated in the Constitution. will be. The resulting social chaos and responses from various perspectives will also be important issues, but in this paper, we will discuss what kind of interpretation and impact it can have in relation to the guarantee of the right to abortion, which is recognized based on the right to privacy in Article 17 of our Constitution. do. In particular, considering the implications of the recent ruling that the abortion law is unconstitutional, consideration from this perspective can serve as an opportunity to gauge the direction in which the guarantee of abortion rights in Korea will be directed in the future. From a comparative legal perspective, the constitutional law of abortion rights can be examined. I think it is necessary to review the evidence and its implications.