I. Guaranteeing the Fundamental Human Freedom
1. Human Dignity, Value and Right to Life
A. Human Rights Status 2022
Article 10 of the Constitution of the Republic of Korea stipulate that “all citizens shall be
assured of human worth and dignity and have the right to pursuit of happiness. It shall be the
duty of the State to confirm and guarantee the fundamental and inviolable human rights of
individuals.” Human worth and dignity under the Constitution is the core value of the
fundamental right and is the basic spirit of the international human rights norms. Preamble to
the Charter of the United Nations, Article 1 of the Universal Declaration of Human Rights, and
Preambles to the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights also stipulate human dignity.
Right to life is one of the fundamental rights from Article 10 of the Constitution,3) and is
the basis for all individual fundamental rights. Recognizing other fundamental rights,
without guaranteeing the right to life is meaningless. The international human rights norms
stipulate the right to life first among many specific rights. Article 3 of the Universal
Declaration of Human Rights stipulates the right to life by stating that “everyone has the
right to life, liberty and security of person,” along with the right to bodily freedom and
safety. Article 6(1) of the International Covenant on Civil and Political Rights stipulates that
“every human being has the inherent right to life. This right shall be protected by law. No one
shall be arbitrarily deprived of his life.”
3) There is a controversy with the basis of the right to life under the Constitution, but the Constitutional Court stated that
the right to life is guaranteed under Article 10 through Article 37(1) of the Constitution, even without a provision that
specifically stipulates the right to life (95HunBa1, Nov. 28, 1996, Constitutional Court).
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