길릭(Gillick) 판결과 아동의 동의능력

• 영문명: Gillick Case and Child’s Ability to Consent
• 발행기관: 충북대학교 법학연구소
• 저자명: 백승흠(Baek, Seung Heum)
• 간행물 정보: 『법학연구』第30卷 第2號, 51~79쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.12.30

영문 초록

The English House of Lords decision in Gillick has been a standard of the minor’s ability. The Gillick Case has dominated the issue of minor capacity to consent or to refuse for decades, and influenced all over the world. Furthermore, the Gillick decision has brought more questions and ambiguities than it hoped to solve. The speeches of Lords in Gillick Case were made in the context of contraception advice and treatment. Though it would be difficult to set up a criterion to give a capacity to the minor, however the criterion is essential to respect minors right to self-determination and protect the integrity of the body and the mind. What is more, that could be extended a broad spectrum of interests. In Korea, there is no legislation or case law determining if and when minors can obtain medical treatments(eg., contraception advice and treatment) without parental consent or knowledge. This raises concerns for health professionals practice and minors’ status as patients. Therefore the legislators have to try widely to recognize minors’ autonomy. This article discusses whether the rulings in Gillick are applicable or even should be applicable to Korea with regards to medical treatment. The article suggests a legislation for giving medical advice and treatment to minors through a embracement of Lord Fraser’s guidelines(Gillick Competence). The author want that these guidelines would be incorporated into a suggested legislative framework and professional guidelines.

목차

Ⅰ. 들어가면서

Ⅱ. 길릭 판결의 개요

Ⅲ. 의학적 치료와 동의능력

Ⅳ. 치료행위에 대한 아동의 동의

Ⅴ. 맺으며

키워드

길릭판결 1969년 가족법개혁법 1983년 정신보건법 1998년 인권법 동의 Gillick Case Family Law Reform Act 1969 the Mental Health Act 1983 the Human Rights Act 1998 consent