안락사의 허용여부에 관한 입법론적 소고 -소극적안락사(존엄사)를 중심으로-

Abstract

The debate on passive euthanasia is becoming a social issue with the recent senior citizen Kim incident at Boramae Hospital. Passive euthanasia is generally called "dying with dignity" or "euthanasia with dignity." The Supreme Court and hospitals use the term "Stopping insignificant treatment." Passive euthanasia is an action that shortens the life of a patient to reduce pain and maintain dignity, at the request of patients who have no hope of revival or at the request of their family. It started from the awareness that the "own decision-making rights" of patients should be respected. It is recognized in 40 states in the United States, including Washington and Oregon, the Netherlands, Taiwan and other countries. Until recently, passive euthanasia that eliminates the life elongating instrument connected to a patient with no hope of revival was not acknowledged, but was executed silently in hospitals. The Korean Medical Association already has an "Ethical Guidelines regarding Stopping Treatment for Patients who Cannot Revive" in operation since 2001, but the guidelines only provoked a passive euthanasia debate that is not related to the purpose and contents of the guidelines, and failed to develop any further. However, in May, 2009, the Supreme Court made a judgment that would recognize passive euthanasia in case medical revival is impossible and the patient was thought to have a will to truly stop treatment considering his or her living will or religious background. The important part of the ruling of the Supreme Court is the autonomous demand of the patient. The "pre-medical order" is one method to confirm this. Thus, ① a patient who is capable of making his or her own decisions ② has to directly receive sufficient medical information from a medical professional, and ③ make a decision on specific treatment actions. The problem is when there is no "pre-medical order" or other form of patient demand confirmation. The Supreme Court says the patient's opinion can be inferred from the patient's pre-actions or pre-attitudes, but there is the risk that the patient's family can meddle with other evidence for reasons such as inheritance, financial difficulties or hardships. The problem is presented that if this happens, dying with dignity could become a trend that takes life lightly as people would choose death because of financial difficulties or hardships of the family. The recent Supreme Court ruling on passive euthanasia has led to the ethical committee of each hospital providing "ethical guidelines" regarding passive euthanasia, and a Dying with Dignity Bill is pending at the National Assembly. Therefore, this study aims to present guidelines to passive euthanasia, which will be executed in the future. It especially presents conditions and processes of euthanasia, and aims to eliminate negative perspectives and side effects of dying with dignity.