- 출생 전 생명에 대한 민사법적 고찰
- Study of the Civil Liability for Unborn Life
- ㆍ 저자명
- 박동진,Park. Dong-Jin
- ㆍ 간행물명
- 의료법학
- ㆍ 권/호정보
- 2009년|10권 1호|pp.77-116 (40 pages)
- ㆍ 발행정보
- 대한의료법학회
- ㆍ 파일정보
- 정기간행물| PDF텍스트
- ㆍ 주제분야
- 기타
Owing to the development of Biotechnology, the involvement of humans in life before birth has been increasing. This means the need for the protection of unborn life takes on new importance. The respect for life and human beings which is based on fundamental constitutional principle should still be respected under civil law. This study examines how methods of respect for life are embodied in civil liability law. In particular, it enunciates the protection of unborn life within time-flow. Lastly, it studies the instruments of the civil liability law and the extent of protection for a fetus from the process of fertilization of an ovum by a sperm, development into an embryo and implantation. Especially, it looks into when and how the subject of the right changes. Besides, it critically scrutinizes the opinions of leading case lawyers and the Constitutional Court which conclude that, in order for a fetus to become the subject of Damage law, it is required to be born alive to comply with precedent. Furthermore, it suggests an alternative interpretation theory.