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Medical Assistance In Dying in South Korea? Lessons from Canada’s Experience with MAID

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Recent developments in South Korea indicate that the question of whether, and to what extent, medical assistance in dying (MAID) should be legalized in Korea is one that can no longer be ignored. Public support for MAID is strong, a proposal to legalize MAID has been introduced in the National Assembly, and a constitutional challenge to Korea’s blanket prohibition on assisted suicide has been brought before the Constitutional Court. Given these developments, the current situation in Korea is similar in several respects to the situation in Canada prior to 2015, when the Supreme Court of Canada struck down the country’s blanket prohibition on assisted suicide and paved the way for the legalization of MAID in 2016. This article contributes to the ongoing discussions on MAID in Korea by (a) clarifying exactly what MAID is, (b) explaining how it came to be legalized in Canada, and (c) identifying lessons that Korea can draw from Canada’s experiences in legalizing this contested medical service.

Abstract

Recent developments in South Korea indicate that the question of whether, and to what extent, medical assistance in dying (MAID) should be legalized in Korea is one that can no longer be ignored. Public support for MAID is strong, a proposal to legalize MAID has been introduced in the National Assembly, and a constitutional challenge to Korea’s blanket prohibition on assisted suicide has been brought before the Constitutional Court. Given these developments, the current situation in Korea is similar in several respects to the situation in Canada prior to 2015, when the Supreme Court of Canada struck down the country’s blanket prohibition on assisted suicide and paved the way for the legalization of MAID in 2016. This article contributes to the ongoing discussions on MAID in Korea by (a) clarifying exactly what MAID is, (b) explaining how it came to be legalized in Canada, and (c) identifying lessons that Korea can draw from Canada’s experiences in legalizing this contested medical service.

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