형법상 사람의 시기(始期)와 태아의 법적 보호

The Protection of Fetus at the criminal viewpoint

The recent Supreme Court of Korea ruling about fetus in some case. The focus of the case were when a fetus becomes human being, whether the to-be-born have virtually no protection in law against abuse, neglect, assault or injury. There is an article about fetus in criminal law of Korea. But the Criminal Code §269-270 are regulating the act that are committed on purpose. The one who don't convict violence to fetus on purpose, if he(she) do it with gross negligence, he(she) is not in charge of criminal liability as professional negligence resulting in death. But, recently, with progress of medical science and biotechnology, the protection of fetus as alive being or potentiality of human being to be protected by law are under debate. Should the legislature enact new legislation providing some form of legal protection to the fetus. What is required to begin to deal with the issue is new legislation. Without legislation the Supreme Court does not have a constitutional issue to consider.