초록 열기/닫기 버튼
In our country, abortion is approved in the limited scope, whereas unlawful abortion prevails. Therefore, we should revise the part of criminal abortion so as to recover the ability of discipline over the legal reality.However, this is the problem of the criminal law. So here only this study notes that compared with foreign countries our scope and coverage of permission is narrow enough to be far from legal reality, which is related to the occurrence and frequence of doctor's liability on the civil law.The United States approved 3 causes of action, but the legal systems of action cause are slightly different according to The States. The different cause of action can violate the right of equality on the Constitutional Law. Also, the approval of these action causes means the approval of the doctor's liability so as to influence patients. So, in order to solve this problem efficiently, legislative methods are need.This is the special situation of the United States, but is also meaningful to us. In our country, on the Mother and Child Health Law, the abortion will be permitted more narrowly than in foreign countries(The United States, Germany, Japan). So the lawsuit on the failure of sterilization can occur more broadly, whereas the lawsuit on abortion can not occur more broadly. Therefore, in our country, there was no controversy on the liability of doctors for pregnancy in the court.
키워드열기/닫기 버튼
Wrongful conception, Wrongful birth, Wrongful life, Medical Malpractice, Medical Negligence.
