본문 바로가기
KERD
논문KCI 등재

[‘우리 사회의 의사조력자살 법제화’에 대한 논평] 존엄하게 죽을 권리와 의사조력자살

[Commentary on “Legislation concerning Physician-assisted Suicide in Korea”] The Right to Die with Dignity and Physician-assisted Suicide

2

조회

0

다운로드

5

인용

0

참고문헌

키워드

주제분류의학일반

초록

In a recent proposed amendment to Korea’s legislation governing decisions on life-sustaining treatment, physician-assisted suicide is characterized as a form of “death with dignity.” However, there is no legal right to suicide in South Korea and the idea that physician-assisted suicide is a permissible and dignified way of dying is based on a misunderstanding of the constitutional right of self-determination, which entails only a right to refuse unwanted medical care. This article ex-plains these misunderstandings concerning the concept of death with dignity and a patient’s right to self-determination and critically reviews the proposed legislation concerning physician-assisted suicide.

Abstract

In a recent proposed amendment to Korea’s legislation governing decisions on life-sustaining treatment, physician-assisted suicide is characterized as a form of “death with dignity.” However, there is no legal right to suicide in South Korea and the idea that physician-assisted suicide is a permissible and dignified way of dying is based on a misunderstanding of the constitutional right of self-determination, which entails only a right to refuse unwanted medical care. This article ex-plains these misunderstandings concerning the concept of death with dignity and a patient’s right to self-determination and critically reviews the proposed legislation concerning physician-assisted suicide.

참고문헌 (20)

  1. Yoon YH, "Problems of Act On Hospice And Palliative Care And Decisions On Life-Sustaining Treatment For Patients At The End Of Life and Issues of the Assisted Suicide With Dignity Act", Discussion Materials on the Assisted Suicide with Dignity. 2022 Aug. 24, 27~ (2022)
  2. Kim JW, "Criminal Law Particulars I", pp.32~ (1965), Bubmunsa
  3. Otto H, "Right to One’s Own Death? Criminal law in the tension between the duty to maintain life and self-determination", Opinion D for the 56th German Lawyers’ Congress, Berlin 1986, ~ (1986)
  4. Kang KC, "Ventilator blocking and criminal law", pp.70~ (1980), Gosiyoungu
  5. Lee SB, "Protection of life at the end of life under Korean Criminal Law", Korean Jounal of Criminal Law, 19(3-1), pp.445~464 (2007)
  6. Lee SB, "Criterion and procedure for discontinuing life-sustaining treatment", Korean Jounal of Criminal Law, 21(2), pp.147~170 (2009)
  7. "so-called Grandma. Kim vs. Severance Hospital Case. Constitutional Court of Korea 2009 Nov. 26., Case No: 2008Hun-Ma385", ~ (2009)
  8. "Supreme Court of Korea 2009 May 21. Case No:2009Da17417", ~ (2009)
  9. "RGSt 25, 375; BGHSt 11, 111; 43, 306; BGH NStZ 1996, 34; BGH NJW 2000, 885. Vgl. Lilie H. Anmerkung zum Urteil des BGH v. 24. 2. 1983. – 1StR 550", 82, NStZ 1983, 314; LK-Lilie, Vor § 223StGB Rn. 3 Fn. 11 m. w. N
  10. "German National Ethics Council, Living Will 2005, 10; Principles of the German Medical Association for medical terminal care, DÄBl. 101(2004), A-1298, 1299; BGHSt 11, 111", ~ (2005)
  11. Schroth U, "Euthanasia as a criminal law problem – Self-determination and protection of the terminal patient", GA, 549~ (2006)
  12. "Principles of the German Medical Association for medical terminal care", DÄBl, ~ (2004)
  13. Lee SB, "The Criteria for limiting therapy and legislative theory in Germany", Korean Jounal of Criminology, 19(1), pp.229~251 (2007)
  14. Bottke W, "Killing on Demand and euthanasia. Does owner’s right to one’s own life control legal regulation?", Korean Jounal of Criminal Law, 16(special Issues), pp.197~216 (2001)
  15. "Principles of the German Medical Association for medical terminal care", DÄBl, ~ (2004)
  16. "BVerfGE 89, 120, 130; 52, 131, 171, 174; BGHSt 11, 111", ~
  17. Moon JY, "Domestic tertiary hospital life-sustaining treatment decision operation experience", Korean Bioethics Association Spring 2016 Conference Materials (2016)
  18. Kaufmann Arth, "Criminal Law between yesterday and tomorrow", pp.137~ (1983)
  19. "Case on the Crimes of Abortion, Constitutional Court of Korea 2019 April 11, Case No:2017Hun-Ba127", ~ (2019)
  20. Hirsch HJ, "FS for Karl Lackner", pp.597~ (1987)

관련 논문AI추천

이 간행물의 다른 논문 (8건)