안락사와 연명치료중단에 관한 우리나라의 최근 동향

Abstract

Progress in biomedical technology has resulted in a number of patients experiencing painfully slow deaths by means of artificial ventilators or other inhumane treatments. Such experiences give rise to the question of whether it is right to provide these life-sustaining treatments when no effective or curative therapies are available. The purpose of this study is to examine respective views on this issue given by criminal law experts, the courts, medical professionals, and the public. In Korea, there is still disagreement on the definition of the terms “euthanasia” and “death with dignity.” The current criminal law prohibits euthanasia for a dying patient with incurable disease and the withdrawal of life-sustaining treatment for a patient in a persistent vegetative state (PVS). However, a group of judicial and bioethics experts and policy-makers think that euthanasia or the withdrawal of life-sustaining treatment can be permitted under certain conditions. A recent court decision, which permitted the withdrawal of life-sustaining treatment on a PVS patient based on the patient’s right to self-determination and medical futility has stimulated a nationwide discussion for developing a legal framework for dealing with this issue. However, this article argues that care is needed in drafting the appropriate legislation as many unsolved problems related to this issue remain.