인공임신중절에 대한 의료인의 양심적 거부권 연구

After the Korean Constitutional Court ruled current criminalization of abortion as unconstitutional in 2019, most related discussions focused on the scope of legalization of abortion. However, there is an additional issue that must be discussed in tandem, which is whether medical personnel can be allowed to refuse participation in abortions based on conscientious objections. The purpose of this study is to examine whether medical professionals' right to conscientious objection to abortion should be recognized and, if so, to what extent. To this end, we first conducted a legal review of freedom of conscience and examined whether a doctor’s right as such can be allowed under our constitution. The following jnquiry focuses on how the contents should be construed, if such basic right is recognized. To this end, several European countries that have had related discussions and legislation before us were the subject of review. By taking a deeper look at the systems of Sweden, Italy, and the United Kingdom, we examine specific problems and major court rulings to analyze what implications the case studies of each country can inform us. Finally, through a process of examining the previous legislative proposals in Korea, the paper explore ways to harmonize the basic rights of doctors and women.