연명치료중단의 요건과 정당화

• 영문명: Terms and justification for suspension of Life sustaining treatment
• 발행기관: 중앙대학교 법학연구원
• 저자명: 김재경(Kim, Jae-Kyung)
• 간행물 정보: 『법학논문집』法學論文集 第36輯 第3號, 185~217쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.12.31

영문 초록

Treatment performed by doctor means actions to improve and restore patient’s health. But life-sustaining treatment does not improve and restore patient’s health, but is performed only on a sole purpose, to extend patient’s life, and many questions have been brought up whether to permit it or not. Currently, as we can see in foreign cases and domestic cases, it seems that a social agreement on permission to cease life-sustaining treatment is established. Cessation of life-sustaining treatment is permitted only on those who are unrecoverable and have reached near death when any treatments are meaningless, and to judge it has to consider overall meaning of life regarding social and economical aspects of patient and his/her family, not just simple numbers. And a council including the patient’s medical attendant must decide it, and since it deals with life, it is considered just for court to decide once more whether the decision of the council is right. Also, only when these conditions are met, we see that the cessation of life-sustaining treatment can be justified by ruling out illegitimacy through socially established regulations. In regard of ceasing life-sustaining treatment, medical communities are criticizing that our law is too passive, makes judgement too much carefully, and violates autonomy of the medical communities. But our law is the last bastion that can prevent abuse of cessation of life-sustaining treatment, and we think it contradicts our spirit to protect a person’s life to carry out that role carelessly.

목차

Ⅰ. 들어가는 말

Ⅱ. 연명치료중단의 의의와 요건

Ⅲ. 연명치료중단의 부작위성

Ⅳ. 연명치료중단의 정당화 가능성

Ⅴ. 나오며

참고문헌

[ABSTRACT]

키워드

연명치료중단 사회상규 안락사 생명윤리 부작위 Cessation of life-sustaining treatment socially established regulations euthanasia bioethics Unterlassen