무의미한 연명치료중단에 대한 환자의 자기결정권

• 영문명: A Patient’s Right of Self-Determination for Withdrawal of the Life-Sustaining Treatment; Court Case Review
• 발행기관: 이화여자대학교 생명의료법연구소
• 저자명: 최지윤(CHOE Ji-Yoon) 김현철(Kim Hyeon Cheol)
• 간행물 정보: 『생명윤리정책연구(제 9권 제 3호 이전)』제3권 제2호, 155~172쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.08.30

영문 초록

Recently the Supreme Court in Korea has permitted the withdrawal of lifesustaining treatment of an old dying patient in PVS. The judgment was made on the basis of the patient s right of self-determination. The Court has inferred the patient s presumptive intention from the patient s former statements, religion, character, age and so on, and judged that the right of selfdetermination can be exercised even through the “presumptive intention.” But the patient’s right of self-determination can’t be exercised by the inferred intention for the presumptive intention is a mere hypothesis. If human dignity is generally recognized as an indispensable value of his or her whole life, the withdrawal

목차

I. 사건 개요

II. 법원의 판단

III. 판결 검토

키워드

연명치료중단(withdrawal of the life-sustaining treatment) 자기결정권(the right of self-determination) 존엄사(death with dignity) 환자의 최선의 이익(a patient’s best interest)