한국 여성의 프라이버시권리에 관한 연구
A Study on the Women’s Rights to Privacy in Korea
- 한국헌법학회
- 헌법학연구
- 憲法學硏究 第10卷 第3號
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2004.09307 - 334 (28 pages)
- 113
This article reviews the relevant legislations and the policies of the primary spheres respectively and analyzes their problems In order for Korean women to enjoy their rights to privacy more sufficiently Korean women have so far been interfered with and regulated by the government and have not been fully guaranteed the secrecy and freedom of private lives In accordance with Article 17 of Constitution, Although the present laws and poltcles seem to vest the rights to privacy in women and make efforts toward protecting them in a way, the situation of the rights to privacy that women can enjoy is different in reality First, as showed In the right to privacy, the right of contraceptions and abortions for women were degraded to just the freedom that can be enjoyed under the tolerance and the nonintervention of law or policy, as well as the right under the birth policy or control of the relevant policy, that lead to the fact that women's own decisions have not been respected Second, as showed In the criminal conversation or adultery under the pretext of marriage, women's rights to privacy in the sexual sphere have been rather Invaded under the excessive national protectionism In appearance Third, an invasion of the seciecy of private lives of women is much common-or-garden and tolerant than that of men, since women occupy a lower status also in the societal power structure In our case, woman victims of sexual crime and prostitution should be sufficiently guaranteed their rights to privacy on the process of investigation or trial In conclusion, the government should respect women's decisions on the private sphere and make an effort to protect them substantially, In addition, we should actively find the ways for the right to privacy and existing equal right to Improve women's constitutional rights
Ⅰ. 序說
Ⅱ. 女性의 프라이버시權利의 憲法的 根據
Ⅲ. 主要 領域에서의 女性의 프라이버시權利
Ⅳ. 結語
참고문헌
ABSTRACT
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