무의미한 연명치료중단에 대한 환자의 자기 결정권 -대법원 2009.5.21 선고 2009다17417등을 중심으로

Abstract

Recently the Supreme Court in Korea has permitted the withdrawal of lifesustaining treatment of an old dying patient in PVS. The judgment was made on the basis of the patient's right of self-determination. The Court has inferred the patient's presumptive intention from the patient's former statements, religion, character, age and so on, and judged that the right of selfdetermination can be exercised even through the “presumptive intention.” But the patient’s right of self-determination can’t be exercised by the inferred intention for the presumptive intention is a mere hypothesis. If human dignity is generally recognized as an indispensable value of his or her whole life, the withdrawal of life-sustaining treatment should be justified by a patient’s interest for itself.