장기이식 환자의 동의권에 관한 연구

Abstract

This paper was started as a curiosity in how the organ donor and the transplantee express their intentions during the process of a transplant operation involving organ donation. In searching for the regulation regarding one’s own consent and the consent of one’s family or the family of the deceased in organ donation, it was found that organs of people who aren’t dead can only be removed upon one’s own consent, according to Article 22 of “INTERNAL ORGANS, ETC. TRANSPLANT ACT.” As an exception, removal of organs from minors of 16 or above or bone marrow from minors of below 16 needs one’s own consent and the consent of the donor’s parents or legal representative. However, there was no specific regulation in “INTERNAL ORGANS, ETC. TRANSPLANT ACT” regarding the transpirable act of conflicting interest when a minor 16 or above donates his/her organ to the parents. Also, it was found that the adult guardianship system that was enforced since 2013 still does not has the content reviewed completely. Thus, I felt the need of revision in “INTERNAL ORGANS, ETC.TRANSPLANT ACT” and started studying in this field. It is most important to prioritize the patient’s voluntary consent regarding the right of consent of the organ donor and the transplantee in “INTERNAL ORGANS, ETC. TRANSPLANT ACT.” Although our cultural judgment such as social change and change in the family system can be an important standard, there is no significance in prior consent if one’s own intention is not respected and the opinion of the parents or family is customarily more valued than one’s unconstrained decision-making. An approval from a third person, institution, or preferentially from an ethics commission or religious organization as a family or ethical aspect can be a good way to solve these problems. Thus, the own intention of the donors of organs or others himself/herself must be respected above all. Decisions opposing one’s own intention should not be made according to the intentions of the family or family of the deceased not only if one made a consent when one is alive, but also if one declared a clear intention before death. The problem is when one did not declare his/her clear intention when alive. In such situation, one’s own opinion must be respected by inquiring his/her family or related people about one’s usual intention regarding organ donation. If one did not have a clear intention when alive, donation of organs or others must only be removed upon the consent of the family or family of the deceased.