저출산,고령화 사회와 입법적 과제 저출산 문제의 헌법적 이해와 접근 방향 = The Constitutional Understanding of the Low Birthrate Problem and Approaches for its Resolution

다국어 초록 (Multilingual Abstract)

The low birthrate phenomenon is a result of every individual`s effort to achieve their best happiness by deciding not to have a child in a given society. For this reason, nobody can criticize those child-free population under the society with low birthrate unfolded seriously. It is the result from the autonomous family planning to pursue human dignity and own happiness. Rather, they would be unfortunate victims who could not be fully delivered of a child due to the given reality. In this regard, the crux of the low birthrate matter lies in severe infringements on the freedom of childbirth due to the given circumstances which actually impinge on the choice of maternity. The policies to resolve this low birthrate problem should be aimed more directly at the causes of it; if not, it would be difficult to resolve the problems and hard to obtain the effectiveness of the policies. After all, it would be fail to get sympathy of the people to give birth or have another children. Furthermore, measures to resolve the low birthrate should be made within the constitutional understanding and approaches due to its relevance to individual`s freedom and equality of delivery. Under these circumstances, it will be able to avoid the problems of excessive infringements on the fundamental rights resulted from the distorted birthrate measures and get the public confidence through the stable and continuous enforcement of pro-natal policies.