의사조력사 관련 법률안 검토 및 의사조력사 도입을 위한 법적 과제

Abstract

This study provides a comprehensive examination of legislative proposals concerning physician-assisted death in South Korea and identifies critical legal and ethical issues that need to be addressed in future legislative discussions. It involves a physician aiding a terminally ill patient in hastening death, often through the provision of lethal substances. The paper explores the intersection with existing laws governing end-of-life care, such as the Act on Decisions on Life-Sustaining Treatment for Patients at the End of Life (2016) and the Hospice and Palliative Care Act. Key areas of focus include the patient's right to self-determination, the potential conflicts with criminal law provisions that penalize aiding in suicide, and the need for robust safeguards to ensure that patient choices are voluntary and free from external pressures, such as familial, social, or economic influences. The paper emphasizes the importance of clear and comprehensive legal frameworks to protect both patients' rights and the legal immunity of physicians involved in this legal proposal, arguing that these frameworks are necessary to navigate the complex ethical landscape surrounding end-of-life care. The study also critically evaluates the proposed legislative amendments, discussing their potential implications and the ethical considerations they raise. It highlights the importance of public discourse and societal consensus in shaping these laws, given the sensitive nature of proposal and its ethical ramifications. By comparing international legal precedents and ethical debates, the paper offers a nuanced perspective on the potential paths forward for legislation in South Korea, advocating for a careful balance between respecting patient autonomy and safeguarding vulnerable individuals.