안락사와 존엄사에 대한 입법론적 고찰

• 영문명: A Legislative Study on the Euthanasia and Death with Dignity
• 발행기관: 원광대학교 법학연구소(의생명과학법센터)
• 저자명: 점승헌(Jeom Seung Hun)
• 간행물 정보: 『의생명과학과 법』제10권, 59~100쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

The criminal law has maintained its firm stand against withdrawal of meaningless life-sustaining care from the view of so-called the principle of absolute protection of human life . There have on the one hand been angles arguing that such perspective of the criminal law does not coincide with the reality but does only add extra burden on the part of patients families and even medical staff as well, worsening their legal stability and possible anticipation in their living. On the other hand, there have been positions claiming that it would be too early to introduce withdrawal of meaningless life-sustaining care like shock therapy in theoretic as well as real terms. Lots of debates have already been well under way about the death with dignity along with the issue of euthanasia in Korea but have not met any positive approaches toward its solution. In this midst, the Supreme Court of Korea provided recently a criterion for death with dignity on the occasion of its first decree allowing such death. This measure is widely accepted as a representative example of judicial activism with which the court ventured to stop gap between incomplete legislation and real situation by means of positive interpretation of laws in consideration of social pressure to see the death with dignity allowed whereas the National Assembly and the Administration have been overtly conscious of the public opinion. The euthanasia is various legal issue raises some profound questions regarding life and death, process of guiding a person who has entered into the steps of death to a natural death by cases of medical treatment which has been prolonging such person. It is wise to move toward respecting patients personal choice and to take policy measures as soon as possible, the present might be the right moment to make legislation about euthanasia for the sake of human dignity. This controversy has been taboo for too long, legislation should be worked out through a broad collection of public opinion and references to successful foreign regulation and practices need to be continued in this context, that presumptive consent will be the main theory in the case of case life-prolong treatments.

목차

Ⅰ. 서언

Ⅱ. 용어의 정리넓은

Ⅲ. 안락사의 찬반론과 관련문제

Ⅵ. 안락사의 입법례

Ⅴ. 존엄사법 의 입법방향

Ⅵ. 결어

참고문헌

[ABSTRACT]

키워드

안락사 존엄사 식물인간 상태 소극적 안락사 생명 신성성의 원리 의사주도적 살인 연명의료계획서 사전의료의향서 Euthanasia Death with Dignity (PVS)Persistent Vegetative State Passive Euthanasia Principle of the Sanctity of Human Life Physician Initiated Murder (POLST)Physician Orders for Life-Sustaining Treatment (AD)Advanced Directives