의사조력자살에 대한 고찰

Abstract

In Korea, it seems that due social interest is not paid on legalizing physician-assisted suicide while withdrawing life-sustaining treatments is expected to be legalized in the very near future. However, the quality of death in Korea is quite poor in terms of social perception of death, legal system related to death, pain control on dying patient, treatment level and burden of expenses. It must be the last happiness we can enjoy to determine the way of ending one's life, because no one can escape death and no one can tell what kind of terrible pain would accompany death. Therefore, I referred to three major logical bases against active euthanasia, under which physician-assisted suicide comes. To find out whether there is a fundamental ethical difference between physician-assisted suicide and withdrawing life-sustaining treatments to the extent of prohibiting the former and allowing the latter, I examined into following arguments into detail. (1) Do we have the right to death? Affirmative. Because the right to death involves the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, it is the essential to right of freedom and liberty. (2) Is physician-assisted suicide more immoral than withdrawing life-sustaining treatments? Negative. As long as the patient wants to die, it makes no sense to appeal to the patient's right not to be killed. Therefore, there is no moral difference between terminating treatment that keeps him alive, and helping him to end his life by providing lethal pills. (3) Does concern for abuse or misuse justify a total prohibition on all physician- assisted suicide? Negative. The various risks following physician-assisted suicide apply equally to withdrawing life-sustaining treatments, and the state is capable of addressing such dangers through proper regulations. After that, I introduced the current regulations and operation situation of Death with Dignity Act(1997) of Oregon state. Finally, I examined into the pros and cons of the physician-assisted suicide in the field of criminal law, and briefly presented my personal opinion.