존엄사에 관한 헌법적 검토

Abstract

Death with Dignity is distinguished from euthanasia as distinct concept,but often those two are used interchangeably. Especially in U.S.A, Death with Dignity Act is legalized physician-assisted suicide and Natural Death Act is legalized Death with Dignity. Thus the concept of Death with Dignity is carrying a lot of confusion, it is needed to establish a clear concept for this. In our country, Legislation on Death with Dignity doesn't have been performed yet. In this time, recent Supreme Court’s decision of withdrawal of life-sustaining care in terminal patient is a first judgement about the possibility of withdrawal of life-sustaining care in mature, terminal patient in the absence of specific legislation on this matter. The court’s decision is correct because we all respect the human dignity of the terminal patient. However, the Supreme Court’s decision allow withdrawal of terminal patient's life-sustaining care considering the substituted-judgement by guardian ad litem in the case of absence of advent medical directives of the patient, it has the risk of misuse and abuse of Death with dignity. Therefore, Death with Dignity Act should be enacted through legislation of living will or advance medical directive as soon as possible, Death with dignity shall be performed by specific and strict legal procedures of Death with Dignity Act.