Decision making regarding end of life care and its legal aspect in Korea
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In May of 2009, the Supreme Court of Korea gave a landmark decision granting a dying patient the right to remove the respirator from her body. It was the first case in Korea for the Supreme Court to explicitly approve withdrawal of life-sustaining medical support from the patient with no hope of recovery but still alive. However, hardly any attention has been paid by the Supreme Court, or at least by the majority opinion of its decision, to the on-going debate on the varied themes under the heading of the end-of-life decision making. And it can be said that for physicians as well as commentators the end-of-life decision making is still a blur. This paper aims at reviewing briefly the problem of end-of-life decision making in recent articles published in Korea. Firstly, the legal background and battle over the case of a dying patient whom we may call Ms. Kim, which ended up with three court decisions in her favour, will be reviewed to somewhat detailed extent. Secondly, some critical analyses of the court decisions conducted by commentators in law and medical ethics will be addressed. And lastly, the social and political influence of the landmark decision and the tasks yet to be carried out even after the decision was delivered will also be summarized.
Abstract
In May of 2009, the Supreme Court of Korea gave a landmark decision granting a dying patient the right to remove the respirator from her body. It was the first case in Korea for the Supreme Court to explicitly approve withdrawal of life-sustaining medical support from the patient with no hope of recovery but still alive. However, hardly any attention has been paid by the Supreme Court, or at least by the majority opinion of its decision, to the on-going debate on the varied themes under the heading of the end-of-life decision making. And it can be said that for physicians as well as commentators the end-of-life decision making is still a blur. This paper aims at reviewing briefly the problem of end-of-life decision making in recent articles published in Korea. Firstly, the legal background and battle over the case of a dying patient whom we may call Ms. Kim, which ended up with three court decisions in her favour, will be reviewed to somewhat detailed extent. Secondly, some critical analyses of the court decisions conducted by commentators in law and medical ethics will be addressed. And lastly, the social and political influence of the landmark decision and the tasks yet to be carried out even after the decision was delivered will also be summarized.
참고문헌 (18)
- 고봉진, "연명치료중단에서 이익형량의 구조와 내용", 법철학연구, 13(2), pp.149~174 (2010), 한국법철학회
- 이동익, "연명치료 행위의 중단에 관한 윤리적 고찰 (서울서부지방법원 민사 제12부의 2008년 11월 28일 판결을 중심으로)", 한국의료윤리학회지, 12(1), pp.43~60 (2009), 한국의료윤리학회
- 최지윤, "안락사와 연명치료중단에 관한 우리나라의 최근 동향", 한국의료윤리학회지, 12(2), pp.127~142 (2009), 한국의료윤리학회
- 박준석, "존엄사 판단의 기초로서 자연과 목적", 법철학연구, 13(2), pp.175~196 (2010), 한국법철학회
- 최경석, "자발적인 소극적 안락사와 소위 '존엄사'의 구분 가능성", 한국의료윤리학회지, 12(1), pp.61~76 (2009), 한국의료윤리학회
- John M. McGuire, "The Right to Refuse Life-Sustaining Medical Treatment in South Korea: The Case of Ms. Kim", 한국의료윤리학회지, 12(1), pp.77~95 (2009), 한국의료윤리학회
- Pence, Gregory E., "Classic Cases in Medical Ethics (4th ed.)" (2004), McGraw-Hill
- 이석배, "연명치료중단의 기준과 절차 - 대법원 2009. 5. 21. 선고 2009다17417 판결이 가지는 문제점을 중심으로 -", 형사법연구, 21(2), pp.147~170 (2009), 한국형사법학회
- Tae-Heon Noh, "Recognition of the Right to Refuse Life-Sustaining Treatment and the Standards for Determination", Proceedings of the 56th Conference of Korean Constitutional Law Association (2009)
- 안용항, "무의미한 연명치료 중단 결정에서 의료의 한계", 한국의료윤리학회지, 13(1), pp.17~28 (2010), 한국의료윤리학회
- "Hospital Files Appeal With Supreme Court to Overturn Euthanasia Decision" (2008)[URL]
- "Top Court to Rule on Death with Dignity" (2009)[URL]
- "Death with Dignity Bill Sentenced to Death" (2009)[URL]
- "Two Years after the Supreme Court Decision" (2011)[URL]
- "Supreme Court en banc Decision 2009Da17417 Decided May 21", ~ (2009)
- "Seoul High Court Decision 2008Na116869 Decided February 10", ~ (2009)
- "Seoul Western District Court Decision 2008Gahap6977 Decided November 28", ~ (2008)
- "21-2(B) KCCR 647, 2008Hun-Ma385, November 26", ~ (2009)