[논문] 안락사의 허용성에 대한 비교법적 고찰-미국, 네덜란드, 독일, 일본을 중심으로-

• 영문명: Legality of Euthanasia in USA, Netherlands, Germany, and Japan
• 발행기관: 한국형사법학회
• 저자명: 한상훈(Han Sang-Hoon)
• 간행물 정보: 『형사법연구』형사법연구 제21권, 158~184쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.01.21

영문 초록

The euthanasia issue raises some profound questions regarding life and death, self-determination, and the role of the state and community. Many civilized countries like USA, Germany, Netherlands, England, and Japan have experienced notable cases and legislations in recent years. Also in Korea there have been some cases that attracted general attention, such as Boramae national hospital case, which evoked nationwide debates over the issue. In the discussion of this controversial topic, it would be needed to pay attention to foreign situations. On this reason the present article surveys the legality of euthanasia in USA, the Netherlands, Germany, and Japan. In November 1994, voters in Oregon approved the first American law allowing doctors to hasten death for the terminally ill. The Oregon Death with Dignity Act was designed to protect the interests of the patients: avoiding unnecessary pain and suffering; preserving and enhancing the right of competent adults to make their own critical health care decisions, etc. The Act is a significant step toward establishing a patient's right to autonomy and choice in deciding end-of-life issues. On the other hand, the U.S. Supreme Court upheld laws in Washington State and New York banning and punishing physician-assisted suicides. As a result of the two decisions, Washington v. Glucksberg and Vacco v. Quill, both handed down on June 26, 1997, by a 9-0 vote, the states have responsibility for insuring that the interests of all patients near the end of their lives are not imperiled. The Netherlands showed the most permissive attitude in this sphere. Euthanasia and assisted suicide have been practiced and tolerated in the Netherlands for the past twenty years, and lastly in 2001 a euthanasia act was passed legalising active euthanasia and suicide assistance under some requirements. The euthanasia law, which took effect in 2002, places euthanasia and PAS(Physician Assisted Suicide) outside the Dutch Penal Code when doctors follow a specified administrative procedure. Doctors must be "convinced" that the patient's request is voluntary and well considered, and that the patient is facing "unremitting and unbearable" suffering, etc. In Germany the assisting suicide is not prohibited by the criminal law, but the distinction between the assisting suicide and killing a person bears some difficulties. In Japan since 1960s some types of euthanasia inclusive indirect euthanasia have been allowed by district courts, but concrete legal guidelines are yet to be formed.

목차

Ⅰ. 서론

Ⅱ. 미국

Ⅲ. 네덜란드

Ⅳ. 독일

Ⅴ. 일본

Ⅵ. 미국 오레곤주와 네덜란드의 안락사법의 비교와 시사점

Ⅶ. 결론

Abstract