美國法上 意思無能力患者의 生命維持 治療에 대한 意思決定

• 영문명: Decision-making on Life-Sustaining Medical Treatment for Incompetent In America Law
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이덕환
• 간행물 정보: 『비교사법』비교사법 제10권 1호, 157~185쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.03.01

영문 초록

The issue of decision making on life-sustaining medical treatment should be addressed with a great caution. given that it is about life and death of human beings. As well known, the solutions to this issue have been found in case laws or the enactment of laws in the US. Life-sustaining medical treatment works as a criteria by which to determine whether to proceed with the medical treatment in place. The American laws give patients the right to make a decision on their medical treatments, regardless of his/her possession of legal ability competent. However, it does not necessarily apply in all cases. It does only when concurrent with the rights guaranteed by the right and interest of the state in question. Furthermore, the American laws have the assumption that the individual to exert the right has the ability to make his mind expressed well enough for an inference to be made from it. This assumption has been proved to be false for those patients who were incompetent or made an error in making the decision. Legally, the right to make a decision on medical measures to be done should be given to patients. The surrogate of the patient should do 00 in the best interest of the patient, as well as in terms of securing as much of the right and interest of the nation and social values as possible. In Netherlands, the law to allow for euthanasia was passed, which has drawn more and more attention across the world to this issue. Recently, there, in Korea, have been heated discussions, from both the social and legal perspective, over the issue of stopping life-sustaining medical treatment. Considering all this, I hope that this paper to explore the principle of decision making on life sustaining treatments in the US makes some contribution to us finding better ways to address the issue.

목차

1. 서설

2. 치료거부권의 근거

3. 의사무능력환자의 생명유지치료에 대한 의사결정

4. 결어

참고문헌

ABSTRACT