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Highest Court of South Korea: Fetus is "Not A human Person" Until Labor
LifeSiteNews.com ^ | July 13, 2007 | Elizabeth O'Brien

Posted on 07/13/2007 9:49:37 PM PDT by monomaniac

SEOUL, July 13, 2007 (LifeSiteNews.com) - On July 9 the Supreme Court of South Korea stated that a human fetus is not a human person until the morning that the mother goes into labor, JoongAng Daily reports.

The ruling was based on a case that took place in 2001 when a 37-year old pregnant woman gave birth to a stillborn baby two weeks overdue. When the woman experienced no labor pains at the natural time, she was advised by a midwife to wait past her delivery due date. They finally delivered the baby through Caesarean section, but the child had already died from brain damage. The mid-wife was charged with "negligent injury," and later "negligent homicide."

According to JoongAng, the court ruled that the child was separate from the mother's body, and therefore the midwife could not be charged with "negligent injury." She was also not guilty of "negligent homicide," for, as the final ruling stated, "The mother did not have labor pains, which is the beginning of childbirth, thus the unborn baby cannot be recognized as a human being."

The decision was in accordance with past court rulings in 1982 and 1998, which stated that an unborn child could only be ruled a person after labor begins. Commenting on the present legal position, Presiding Judge Park Si-hwan declared, "Right now, it is too early to change Korea's legal point of view that an unborn child is not a human being."

The ruling has raising an outcry from Catholics throughout the country, AsiaNews states. Fr. Lee Dong-ik, professor of medicine at the Catholic University of Korea and a member of the Bioethics Committee at the Catholic Bishops' Conference of Korea, called it an "extremely shocking and deplorable verdict." He said, "Every country has slightly different legal grounds on when to consider an unborn a human being, but no country has such a definitive ruling that an unborn baby is not a human being."

Calling the ruling a "social defeat", he continued, "We are living in an era in which a 21-week unborn child can be saved with an incubator. It is unacceptable to see a verdict where a 42-week unborn is not considered a human being".

Korea is in line with Canada and Germany's position that an unborn baby is not considered a human person. Abortion is illegal, however, with a punishment of up to one year in prison. In 2002 France also ruled that an unborn baby is not a human person.

At present, Canada has no legal punishment when the murder of a mother causes the death of her unborn child. In the United States, however, the Unborn Victims of Violence Act (UVVA), declares that all children "in utero" are considered a second-and distinct-victim of violence in the case of the mother being injured. See Related LifeSiteNews Coverage:

Bobby Cutts Jr. Charged with Two Murders - Girlfriend and Unborn Child http://www.lifesite.net/ldn/2007/jun/07062501.html

Woman Petitioning for Murder Charge in Death of Unborn Grandson is Harassed by Conservative Party Security

http://www.lifesite.net/ldn/2005/dec/05121906.html

France's Highest Court Rules Unborn Child Not a Living Person http://www.lifesite.net/ldn/2002/jun/02062604.html

European Court Rules it's not Desirable or Possible to Determine if Unborn Child is a Person http://www.lifesite.net/ldn/2004/jul/04070803.html

Read JoonAng Daily report:

http://joongangdaily.joins.com/article/view.asp?aid=2877847


TOPICS: News/Current Events
KEYWORDS: abortion; humanlife; prolife; unborn
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1 posted on 07/13/2007 9:49:40 PM PDT by monomaniac
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To: monomaniac
They eat dogs and cockroaches. I know. I've been there and seen it.

Their opinion matters not.

ImaGraftedBranch.

2 posted on 07/13/2007 10:02:26 PM PDT by Ultra Sonic 007 (Look at all the candidates. Choose who you think is best. Choose wisely in 2008.)
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To: monomaniac

bookmark


3 posted on 07/13/2007 10:03:42 PM PDT by GodGunsGuts
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To: Ultra Sonic 007
There’s a lot of Christian pro-lifers in South Korea. Your blanket condemnation of all Koreans is counterproductive and needlessly offensive.
4 posted on 07/13/2007 10:06:20 PM PDT by GodGunsGuts
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To: monomaniac

Yhose gigantic Korean Christian churches better get on the offensive and back their Catholic brothers up on protecting unborn children.

If not a human person, what is the unborn child? Tissue?


5 posted on 07/13/2007 10:07:17 PM PDT by exit82 (I have a gut feeling: Michael Chertoff is a jerk.)
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To: Ultra Sonic 007

“Their opinion matters not.”

It does for them ... but I’m sure they would feel the same way about your opinion of their internal decisions.


6 posted on 07/13/2007 10:11:53 PM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling.")
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To: Coleus; wagglebee

ping


7 posted on 07/13/2007 10:12:27 PM PDT by Calpernia (Breederville.com)
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To: RS

you are talking man to man.........God has already spoken on the matter.


8 posted on 07/13/2007 10:13:43 PM PDT by advertising guy (If computer skills named us, I'd be back-space delete.)
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To: monomaniac

So a kid born with a c-section is not human?


9 posted on 07/13/2007 10:30:15 PM PDT by babygene (Never look into the laser with your last good eye...)
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To: monomaniac

These pictures prove they are wrong:

http://www.abortionno.org/Resources/pictures_3.html

(abortion photos at link)


10 posted on 07/13/2007 10:34:02 PM PDT by Cedar
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To: advertising guy

“you are talking man to man.........God has already spoken on the matter.”

so are you ... why bother ?


11 posted on 07/13/2007 10:35:08 PM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling.")
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To: monomaniac
South Korea already has one of the lowest birth rates in the world.

Korea's Birth Rate Hits All-Time Low

There are going to be a lot less Koreans around.

12 posted on 07/13/2007 10:51:45 PM PDT by TheMole
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To: TheMole

“There are going to be a lot less Koreans around.”

Nope according to your source there will be .15% more of them around ...

... so they only need to prepare by making sure they have .15 more schools, roads, hospitals etc.

...and from the amount of buiding going on over there it looks like they will exceed .15% capacity, so thier kids will have less crowded schools, housing, transportation etc.


13 posted on 07/13/2007 11:24:47 PM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling.")
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To: Ultra Sonic 007
My dad served in Korea, and says that when a baby is born, they are considered one years old at birth. When we had a Korean guest over our house last Christmas, he mentioned this (I guess to show he is knowledgeable about Korean culture--he was name dropping, and telling anecdotes all night) and she agreed.

So, how does this ruling occur? A "enlightened" liberal activist Korean judge "rescuing" the "old way", "oppressed" Koreans from their "backward" culture?

14 posted on 07/13/2007 11:34:13 PM PDT by Captainpaintball
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To: monomaniac
They finally delivered the baby through Caesarean section, but the child had already died from brain damage.

By saying that something "had died," aren't you admitting that it was previously alive?

The baby died on its own in the mother's womb; the midwife did not kill it.
However, she gave advice which may have resulted in the baby's death. If the mother had consulted a physician instead of the midwife (practicing medicine without a license?), the mother might have been able to save the baby by having it earlier through Caeserian section.

15 posted on 07/13/2007 11:48:31 PM PDT by wai-ming
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To: monomaniac
Amazing. It's illegal to abort something in South Korea that's declared not a human being. Bizarro world.
16 posted on 07/14/2007 12:01:42 AM PDT by fieldmarshaldj (~~~Jihad Fever -- Catch It !~~~ (Backup tag: "Live Fred or Die"))
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To: wai-ming

“However, she gave advice which may have resulted in the baby’s death. If the mother had consulted a physician instead of the midwife (practicing medicine without a license?), the mother might have been able to save the baby by having it earlier through Caeserian section.”

Or not....

Monday morning quarterbacking ?

Would you FORCE every woman to see the doctor you have obviously provided to everyone in the world ?


17 posted on 07/14/2007 12:06:53 AM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling.")
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To: monomaniac

This case pushes a lot of hot-buttons, but there is no claim that the midwife caused intentional harm to anyone. The question is whether she, as a medical professional, negligently disregarded commonly accepted standards of care. The article does not speak to that.

This case did not make new law; it just didn’t change the standing law. It couldn’t. It’s the wrong case for it.


18 posted on 07/14/2007 12:15:10 AM PDT by ReignOfError (`)
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To: monomaniac

in the course of discussion on this thread last night,I received several freeper emails and folks........it was weird beyong measure..........now notice the subject is abortion............so I got this e mail........

“” he designed man to his own specification-do you really think he has a right to get pissed off when we act within the parameters he gave us? “

it got seriously more bizzare in the freep mail but this is their mindset...........


19 posted on 07/14/2007 10:52:50 AM PDT by advertising guy (If computer skills named us, I'd be back-space delete.)
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To: RS
A birth rate of 1.15 does not mean that the population is going to increase. In order for a population to remain stable, its women need to have an average of about 2.1 babies each. The American birth rate is about 2.09, higher than most industrialized nations.

Sub-replacement fertility

20 posted on 07/14/2007 11:49:52 AM PDT by TheMole
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