뇌사자의 사망시기에 관한 연구

Abstract

Human death is an important event in all areas, including law. However, the law did not explicitly define the time of human natural death. Therefore, cardiac arrest was common, but due to the development of medical technology, brain death began to be claimed from the medical community and the legal community insisted on it. According to the cardiac arrest theory, a brain-dead person is not a deceased person, so the act of extracting his organs has caused various legal problems such as life infringement. Therefore, the Internal Organs, etc. Transplant Act was enacted so that the organs of a brain-dead person can be legally extracted. However, the law did not specify the time of death for brain dead. Therefore, there was a controversy about whether a brain-dead person were dead or alive. The Act, which was amended in 2010, set the time of death of a brain-dead person as the time when a brain death determination committee makes the determination on his/her brain death. However, due to this provision, the death time of brain dead was double. It is also very ambiguous whether other provisions of the Act recognize a brain-dead person as a living person. The time of death of a brain-dead person in the Act is applied to a lot of laws such as civil law, not just the Act. However, there was no consideration of what problems would arise due to this provision. Therefore, Article 21 (2) of the Act shall be deleted in order to solve many legal problems related to the time of death of a brain-dead person.