연명치료중단의 허용기준에 관한 고찰

Abstract

Supreme Court of Korea presented the standard of 'withdrawal of Life-sustaining Treatment' on May 21st, 2009, for the first time. This decision explained the concept of withdrawal of Life-sustaining Treatment clearly. This paper try to seek proper standard on withdrawal of Life-sustaining by analysing the standard on withdrawal of Life-sustaining,judicial circles and medical circles suggested. Supreme Court of Korea presented some standards. The first, patient must be irreversible and incurable. Second, they must have the right of exercising on self-determination by Advance Medical Directive. Last, in the absences of patient's presumptive intention. Doctors have to respect decision of Hospital ethics committee on withdrawal of Life-sustaining Treatment. The later discussion and a bill on withdrawal of Life-sustaining Treatment were not different from the decision of Supreme Court of Korea. Therefore, this paper will suggest common problems about the standard on withdrawal of Life-sustaining Treatment, Supreme Court of Korea, judical circles and medical circles presented. The first, these conditions must be judge by strict criteria. Second,the legalization of the Advance Directive need to be considered carefully,because it can be misuse. Third, not only patient's right of life but death with dignity has to be respected. Therefore, it is necessary to make the law about criteria and process of withdrawal of Life-sustaining Treatment through social consensus as soon as possible.