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프랑스에서의 임신중절에 관한 연구

프랑스에서의 임신중절에 관한 연구

Material type
단행본
Personal Author
전영, 책임연구
Title Statement
프랑스에서의 임신중절에 관한 연구 / 전영 책임연구
Publication, Distribution, etc
서울 :   헌법재판소 헌법재판연구원,   2018  
Physical Medium
ii, 88 p. ; 27 cm
Series Statement
비교헌법연구 ;2018-B-9
Bibliography, Etc. Note
참고문헌: p. 75-88
000 00000nam c2200205 c 4500
001 000045955932
005 20181001105338
007 ta
008 181001s2018 ulk b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000196-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2016z1 ▼c 2018.B.9
245 0 0 ▼a 프랑스에서의 임신중절에 관한 연구 / ▼d 전영 책임연구
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2018
300 ▼a ii, 88 p. ; ▼c 27 cm
440 0 0 ▼a 비교헌법연구 ; ▼v 2018-B-9
504 ▼a 참고문헌: p. 75-88
700 1 ▼a 전영, ▼e 책임연구
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342 2016z1 2018.B.9 Accession No. 111797188 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

Ⅰ. 서 론 / 1
1. 연구의 배경과 목적 ······························································································1
2. 연구의 방법과 구성 ······························································································5
Ⅱ. 프랑스의 임신중절에 관한 법제의 역사와 현황 / 8
1. 프랑스의 임신중절에 관한 법제의 역사 ······························································8
가. 범죄행위로 처벌받았던 임신중절 ··································································8
나. 『자발적 임신중절에 관한 1975년 1월 17일 법』 제정 ·····························12
다. 임신중절과 피임에 관한 법률 2001년 7월 4일 법률 :
 임신중절수술이 가능한 법정기한 연장 ·······················································19
라. 진정한 남녀평등에 관한 2014년 8월 4일 법률
 (임신을 원하지 않는 임부의 자유로운 임신중절 결정) ·····························25
마. 임신중절방해죄 확장에 관한 2017년 3월 20일 법률
 (인터넷 상에서 이루어지는 임신중절방해 행위를 처벌) ···························27
바. 임신중절을 할 권리를 헌법에 규정하려는 최근의 움직임 ·························32
2. 프랑스에서의 임신중절 현행법제 ······································································34
가. 임신중절에 관한 법률 ················································································34
(1) 공중보건법전 ··························································································34
(2) 형법규정(Dispositions pénales) ·························································35
나. 임신중절 방해죄에 관한 법률 ·····································································37
Ⅲ. 프랑스 헌법재판소의 임신중절에 관한 결정 / 38
1. 『1975년 1월 15일 자발적 임신중절에 관한 법률』 결정 (제1차 임신중절 결정) ····40
가. 사건개요 ·······································································································40
나. 결정요지 ·······································································································41
2. 『2001년 6월 27일 임신중절과 피임에 관한 법률』 결정 (제2차 임신중절 결정) ·· 42
가. 사건개요 ·······································································································42
나. 결정요지 ·······································································································42
3. 『2014년 7월 31일 진정한 남녀평등에 관한 법률』 결정 (임신을 원하지 않는
임부의 자유로운 선택 인정) ··············································································45
가. 사건개요 ·······································································································45
나. 결정요지 ·······································································································46
4. 『2017년 3월 16일 임신중절방해죄 확장에 관한 법률』 결정 (임신중절 선택을
방해받지 아니할 자유 인정) ··············································································47
가. 사건개요 ·······································································································47
나. 결정요지 ·······································································································47
Ⅳ. 프랑스 사례가 우리나라 헌법상 임신중절 논의에 주는 시사점 / 53
1. 태아 생명권의 차별적 보호 : 삶의 시작부터 인간존엄성 존중 ······················53
2. 임신중절의 자유와 임부의 자기결정권 ·····························································59
3. 다른 기본권과의 충돌 문제 ···············································································65
4. 임신중절에 관한 프랑스 헌법재판소 결정 성향 ···············································69
Ⅴ. 결론 / 73
❚참고문헌 ··································································································································· 75

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