환자의‘최선의 이익(best interest)’에 관한 연구

• 영문명: Study on A Patient s Best Interest
• 발행기관: 이화여자대학교 생명의료법연구소
• 저자명: 최지윤(CHOE Ji-Yoon)
• 간행물 정보: 『생명윤리정책연구(제 9권 제 3호 이전)』제3권 제3호, 289~309쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

This study aims at trying to identify what the surrogate decision making for a dying patient’s interest is on the basis of Ronald Dworkin’s theory. Incompetent patients are not able to make decision about their own treatments which undoubtedly count for much. Someone among the patient s family or friends should decide whether life-sustaining treatment is continued or stopped. But surely the surrogate doesn’t have to decide arbitrary the determination of the patient. The surrogate decision making should be based on the patient’s interest. However, what is the interest? And what is the patient’s best interest? What is the surrogate decision making for the dying patient’s interest? How do we know what determination regards the patient’s interest? Dworkin said that a human being has experiential interests and critical interests. And seeking of the patient’s best interest means that we respect his or her critical interests related to his faith, standard of value, and identity. Therefore the surrogate should try to understand patient’s critical interests in order to find out best determination regarding the dying patient’s best interest. Also if the dignity of human is an indispensable value of his or her whole life, we can accept a little early death as the only means to keep the patient’s dignity. According to Dworkin’s opinion, in some cases, the sanctity of life is supported rather than destroyed by euthanasia.

키워드

생명의 신성성(sanctity of life) 인간존엄(dignity of human) 환자의 최선의 이익(patients’ best interest) 향유적 이익(experiential interest) 비판적 이익(critical interest)