기본권으로서의 생명권

A Study on the Right to Life as a Fundamental Rights

Life of a human is regarded as the basic source of human value and root of dignified worth. The Existence of human is worthy under the condition that he is alive. Life of a human is most important value and the right to life is primordial right in human right system. It is important that we support theoretically and organize the right to life to have normative power in terms of legal order system. Especially, our task is very important at the time of new awareness and understanding of life due to the advancement of science and technology. This study discusses legal problems that arise with respect to Right to Life. Although the right to life is not the absolute right and limited by certain law conditions basically, I think that we need to restrict them only in case there is the conflict between life and life rather than possibility of restriction via measure with other law. Such a basic principle should be applied to the resolution of key issues connected with individual restriction of right to life. In the long term, in order to investigate an discuss the key issues such as the stipulation of right to life in constitutional law, abolishment of death penalty, legislation of dignity death act, organ transplantation, human embryo cloning, a special committee of experts needs to be organized.